(a) Subject to the requirements contained in these rules, persons may be admitted
or conditionally admitted to practice law in this State by the Supreme Court if they
are at least 21 years of age, of good moral character and general fitness to practice
law, and have satisfactorily completed examinations on academic qualification and
professional responsibility as prescribed by the Board of Admissions to the Bar or
have been licensed to practice law in another jurisdiction and have met the
requirements of Rule 705.

(b) Any person so admitted to practice law in this State is privileged to practice
in every court in Illinois. No court shall by rule or by practice abridge or deny this
privilege by requiring the retaining of local counsel or the maintaining of a local
office for the service of notices. However, no person, except the Attorney General
or the duly appointed or elected State’s Attorney of the county of venue, may appear
as lead or co-counsel for either the State or defense in a capital case unless he or she
is a member of the Capital Litigation Trial Bar provided for in Rule 714.

Amended effective October 2, 1972; amended April 8, 1980, effective May 15, 1980;
amended June 12, 1992, effective July 1, 1992; amended March 1, 2001. The
amendment to paragraph (b) shall be effective one year after its adoption, and shall apply
in capital cases filed by information or indictment on or after its effective date; amended
October 2, 2006, effective July 1, 2007; amended Feb. 6, 2013, eff. immediately.

(a) The Board of Admissions to the Bar shall oversee the administration of all
aspects of bar admissions in this State including the character and fitness process.
The board shall consist of seven members of the bar, appointed by the Supreme Court
to serve staggered terms of three years. Each shall serve until his or her successor is
duly appointed and qualified. No member may be appointed to more than three full
consecutive terms.

(b) A majority of the board shall constitute a quorum. A president and vice-president shall be appointeddesignated by the Supreme Court and may serve only
one three-year term. A secretary and treasurer shall be annually elected by the
members of the board. One member may hold the office of both secretary and
treasurer.

(c) The board shall audit annually the accounts of its treasurer and shall report to
the court at each November term a detailed statement of its finances, together with
such recommendations as shall seem advisable. All fees paid to the board in excess
of its expenses shall be applied as the court may from time to time direct.

Every applicant seeking admission to the bar on
examination shall meet the following educational requirements:

(a) Preliminary and College Work. Each applicant shall have graduated from a four-year high school or other
preparatory school whose graduates are admitted on diploma to the freshman class
of any college or university having admission requirements equivalent to those
of the University of Illinois, or shall have become otherwise eligible for
admission to such freshman class; and shall have satisfactorily completed at
least 90 semester hours of acceptable college work, while in actual attendance
at one or more colleges or universities approved by the Board of Admissions to
the Bar. In lieu of such preliminary or college work, the board may, after due
investigation, accept the satisfactory completion of the program or curriculum
of a particular college or university. Proof of preliminary education may be
made either by diploma showing graduation or by certificate that the applicant
has become eligible for admission to such college or university, signed by the
registrar thereof. Proof of the satisfactory completion of college work may be
made by certificate, signed by the registrar of the college or university, that
the applicant has satisfactorily completed the required college work. In lieu of
the diploma and certificates described herein, the board may accept, as proof of
the preliminary and college work required herein, a certificate from an approved
law school that the law school has on file proof of such preliminary and college
work.

(b) Legal Education. After the
completion of both the preliminary and college work above set forth in paragraph
(a) of this rule, each applicant shall have pursued a course of law studies and
fulfilled the requirements for and received a first degree in law from a law
school approved by the American Bar Association. Each applicant shall make proof
that he has completed such law study and received a degree, in such manner as
the Board of Admissions to the Bar shall require.

(a) Every applicant for the Illinois bar examination shall file with the Board of
Admissions to the Bar both a character and fitness registration application and a
separate application to take the bar examination. The applications shall be in such
form as the board shall prescribe and shall be subject to the fees and filing deadlines
set forth in Rule 706.

(b) In the event the character and fitness registration application and the separate
application to take the bar examination shall be satisfactory to the board, the
applicant shall be admitted to the examination; provided, however, that the following
applicants must first receive certification of good moral character and general fitness
to practice law by the Committee on Character and Fitness pursuant to Rule 708
before they will be permitted to write the bar examination: (1) applicants who have
been convicted of felonies or those misdemeanors involving moral turpitude; (2)
applicants against whom are pending indictments, criminal informations, or criminal
complaints charging felonies or misdemeanors involving moral turpitude; (3)
applicants who have been rejected, or as to whom hearings are pending, in another
jurisdiction on a ground related to character and fitness; or (4) applicants admitted
to practice in another jurisdiction who have been reprimanded, censured, disciplined,
suspended or disbarred in such other jurisdiction or against whom are pending
disciplinary charges or proceedings in that jurisdiction.

(c) The Board of Admissions to the Bar shall conduct separate examinations on
academic qualification and professional responsibility. At least two academic
qualification examinations shall be conducted annually, one in February and the
other in July, or at such other times as the board, in its discretion, may determine. At
least three professional responsibility examinations shall be conducted annually, one
in March, another in August, and another in November, or at such other times as the
board, in its discretion, may determine. The board may designate the Multistate
Professional Responsibility Examination of the National Conference of Bar
Examiners as the Illinois professional responsibility examination. The board may
determine the score that constitutes a passing grade.

(d) The academic qualification examination shall be conducted under the
supervision of the board, by uniform printed questions, and may be upon the
following subjects: administrative law; agency and partnership; business
organizations, including corporations and limited liability companies; commercial
paper; conflict of laws; contracts; criminal law and procedure; family law; equity
jurisprudence; evidence; federal and state constitutional law; federal jurisdiction and
procedure; federal taxation; Illinois procedure; personal property, including sales and
bailments; real property; secured transactions; suretyship; torts; trusts and future
interests; and wills and decedents’ estates. The academic qualification examination
may also include a performance test. The Board may include the Multistate Bar
Examination, the Multistate Essay Examination and the Multistate Performance Test
of the National Conference of Bar Examiners as components of the examination.

(e) In the event the Board of Admissions to the Bar shall find that suchan applicant has achieved a passing score, as determined by the board, on the academic
and professional responsibility examinations, meets the requirements of these rules,
and has received from the Committee on Character and Fitness its certification of
good moral character and general fitness to practice law, the board shall certify to the
court that such applicant is qualified for admission these requirements have been
met; the Board may also transmit to the Court any additional information or
recommendation it deems appropriate.

(f) For all persons taking the bar examination after the effective date of this rule,
a passing score on the Illinois bar examination is valid for four years from the last
date of the examination. An applicant for admission on examination who is not
admitted to practice within four years must repeat and pass the examination after
filing the requisite character and fitness registration and bar examination applications
and paying the fees therefor in accordance with Rule 706.

Any person who, as determined by the Board of Admissions to the Bar, has been
licensed to practice in the highest court of law in any United States state, territory, or the
District of Columbia for no fewer than five years may be eligible for admission on
motion on the following conditions:

(a) The applicant meets the educational requirements of Rule 703.

(b) The applicant meets Illinois character and fitness requirements and has been
certified by the Committee on Character and Fitness.

(c) The applicant licensed to practice law for fewer than 15 years has passed the
Multistate Professional Responsibility Examination in Illinois or in any jurisdiction in
which it was administered.

(d) The applicant is in good disciplinary standing before the highest court of every
jurisdiction in which ever admitted and is at the time of application on active status in at
least one such jurisdiction.

(e) The applicant provides documentary evidence satisfactory to the Board that for at
least five of the seven years immediately preceding the application, he or she was
engaged in the active, continuous, and lawful practice of law.

(f) The applicant has paid the fee for admission on motion in accordance with Rule
706.

(g) For purposes of this rule, the term “practice of law” shall mean:

(1) Practice as a sole practitioner or for a law firm, professional corporation,
legal services office, legal clinic, or other entity the lawful business of which
consists of the practice of law or the provision of legal services;

(2) Employment in a state or local court of record in a United States state,
territory, or the District of Columbia as a judge, magistrate, referee or similar
official, or as a judicial law clerk;

(3) Employment in a federal court of record in a United States state, territory,
or the District of Columbia as a judge, magistrate, referee or similar official, or as
a judicial law clerk;

(4) Employment as a lawyer for a corporation, agency, association, trust
department, or other similar entity;

(5) Practice as a lawyer for a state or local government;

(6) Practice as a lawyer for the federal government, including legal service in
the armed forces of the United States;

(7) Employment as a law professor at a law school approved by the American
Bar Association; or

(8) Any combination of the above;

provided in each instance, however, that such employment is available only to licensed
attorneys and that the primary duty of the position is to provide legal advice,
representation, and/or services.

(h) For purposes of this rule, the term “active and continuous” shall mean the person
devoted a minimum of 80 hours per month and no fewer than 1,000 hours per year to the
practice of law during 60 of the 84 months immediately preceding the application.

(i) Except as provided in this subsection (i) and subsection (j) that follows, for
purposes of this rule, the term “lawful” shall mean the practice was performed physically
without Illinois and either physically within a jurisdiction in which the applicant was
licensed or physically within a jurisdiction in which a lawyer not admitted to the bar is
permitted to engage in such practice. An applicant relying on practice performed in a
jurisdiction in which he or she is not admitted to the bar must establish that such practice
is permitted by statute, rule, court order, or by written confirmation from the admitting or
disciplinary authority of the jurisdiction in which the practice occurred. Practice falling
within subparagraph (g)(3) or (g)(6) above shall be considered lawful practice even if
performed physically without a jurisdiction in which the applicant is admitted. Practice
falling within (g)(7) above shall be considered lawful practice even if performed
physically without a jurisdiction in which the applicant is admitted, provided that the
professor does not appear in court or supervise student court appearances as part of a
clinical course or otherwise;

(j) Practice performed within Illinois pursuant to a Rule 716 license may be deemed
lawful and counted toward eligibility for admission on motion, provided all other
requirements of Rule 705 are met.

(k) Practice performed without Illinois and within the issuing jurisdiction pursuant to
a limited or temporary license may be counted toward eligibility for admission on motion
only if the limited or temporary license authorized practice without supervision in the
highest court of law in the issuing jurisdiction.

(l) A person who has failed an Illinois bar examination administered within the
preceding five years is not eligible for admission on motion.

(m) Admission on motion is not a right. The burden is on the applicant to establish to
the satisfaction of the Board that he or she meets each of the foregoing requirements.

(a) Character and Fitness
Registration. Character and fitness registration applications filed with
applications to take the bar examination shall be accompanied by a registration
fee of $450.

(b) Applications to Take the Bar
Examination. The fees and deadlines for filing applications to take the
February bar examination are as follows:

(1) $500 for applications postmarked on or before the regular filing
deadline of September 1 preceding the examination;

(2) $700 for applications postmarked after September 1 but on or before
the late filing deadline of November 1; and

(3) $1,000 for applications postmarked after November 1 but on or before
the final late filing deadline of December 31.

The fees and
deadlines for filing applications to take the July bar examination are as
follows:

(1) $500 for applications postmarked on or before the regular filing
deadline of February 15 preceding the examination;

(2) $700 for applications postmarked after February 15 but on or before
the late filing deadline of April 1; and

(3) $1,000 for applications postmarked after April 1 but on or before
the final late filing deadline of May 31.

(c) Applications for
Reexamination. The fees and deadlines for filing applications for
reexamination at a February bar examination are as follows:

(1) $500 for applications postmarked on or before the regular
reexamination filing deadline of November 1;

(2) $850 for applications postmarked after November 1 but on or before
the final late filing deadline of December 31.

The fees and deadlines for filing
applications for reexamination at a July bar examination are as follows:

(1) $500 for applications postmarked on or before the regular
reexamination filing deadline of May 1;

(2) $850 for applications postmarked after AprilMay1 but on or before the final late filing deadline
of May 31.

(d) Late Applications. The
Board of Admissions shall not consider requests for late filing of applications
after the final bar examination filing deadlines set forth in the preceding
subparagraphs (b) and (c).

(e) Applications for Admission on
Motion under Rule 705. Each applicant for admission to the bar on motion
under Rule 705 shall pay a fee of $1,250.

(f) Application for Limited
Admission as House Counsel. Each applicant for limited admission to the bar
as house counsel under Rule 716 shall pay a fee of $1,250.

(g) Application for Limited
Admission as a Lawyer for Legal Service Programs. Each applicant for
limited admission to the bar as a lawyer for legal service programs under Rule
717 shall pay a fee of $100.

(h)Recertification Fee.Each applicant for Character and Fitness
recertification shall pay a fee of $450.

(i) Payment of Fees. All fees are nonrefundable and shall be paid in advance by certified check,
cashier’s check or money order payable to the Board of Admissions to the Bar.
Fees of an applicant who does not appear for an examination shall not be
transferred to a succeeding examination.

(j) Fees to be Held by Treasurer. All fees
paid to the treasurer of the Board of Admissions to the Bar shall be held by
him or her subject to the order of the court.

Rule 707.Permission for an
Out-of-State Attorney to Provide Legal Services in Proceedings in Illinois

(a)Permission to Provide Legal Services in a Proceeding in Illinois. Upon
filing pursuant to this rule of a verified Statement by an eligible
out-of-state attorney and the filing of an appearance of an active status
Illinois attorney associated with the attorney in the proceeding, the
out-of-state attorney is permitted to appear as counsel and provide legal
services in the proceeding without order of the tribunal. The permission is
subject to termination pursuant to this rule.

(b)Eligible Out-of-State Attorney. An
out-of-state attorney is eligible for permission to appear under this rule if
the attorney:

(1) is admitted to practice law
without limitation and is authorized to practice law in another state,
territory, or commonwealth of the United States, in the District of Columbia,
or in a foreign country and is not prohibited from practice in any jurisdiction
or any other jurisdiction by reason of discipline, resignation with charges
pending, or permanent retirement;

(2) on or after January 1,
2014, has not entered an appearance in more than five other proceedings under
the provisions of this rule in the calendar year in which the Statement is
filed;

(3) has not been enjoined or
otherwise prohibited from obtaining permission under this rule; and

(4) has not been admitted to
the practice of law in Illinois by unlimited or conditional admission. The
admission of an attorney as a house counsel pursuant to Rule 716, as a legal
services program lawyer pursuant to Rule 717, or as a foreign legal counsel
pursuant to Rules 712 and 713 does not preclude that attorney from obtaining
permission to provide legal services under this rule.

(c) Proceedings Requiring Permission. The
following proceedings require permission under this rule:

(1) a case before a court of
the State of Illinois;

(2) a court-annexed alternative
dispute resolution proceeding; and

(3) a case before an agency or
administrative tribunal of the State of Illinois or of a unit of local
government in Illinois, if the representation by the out-of-state attorney
constitutes the practice of law in Illinois or the agency or tribunal requires
that a representative be an attorney.

The appeal or review of a proceeding before a
different tribunal is a separate proceeding for purposes of this rule.

(d) Statement. The out-of-state attorney
shall include the following information in the Statement and shall serve the
Statement upon the Administrator of the Attorney Registration and Disciplinary
Commission, the Illinois counsel with whom the attorney is associated in the
proceeding, the attorney’s client, and all parties to the proceeding entitled
to notice:

(1) the attorney’s full name,
all addresses of offices from which the attorney practices law and related
email addresses and telephone numbers;

(2) the name of the party or
parties that the attorney represents in the proceeding;

(3) a listing of all
proceedings in which the attorney has filed an appearance pursuant to this rule
in the calendar year in which the Statement is filed and the ARDC registration
number of the attorney, if assigned previously;

(4) a listing of all
jurisdictions in which the attorney has been admitted and the full name under
which the attorney has been admitted and the license or bar number in each such
jurisdiction, together with a letter or certificate of good standing from each
such jurisdiction, except for federal courts and agencies of the United States;

(5) a statement describing any
office or other presence of the attorney for the practice of law in Illinois;

(6) a statement that the
attorney submits to the disciplinary authority of the Supreme Court of
Illinois;

(7) a statement that the
attorney has undertaken to become familiar with and to comply, as if admitted
to practice in Illinois, with the rules of the Supreme Court of Illinois,
including the Illinois Rules of Professional Conduct and the Supreme Court
Rules on Admission and Discipline of Attorneys, and other Illinois law and
practices that pertain to the proceeding;

(8) the full name, business
address and ARDC number of the Illinois attorney with whom the attorney has
associated in the matter; and

(9) a certificate of service of
the Statement upon all entitled to service under this rule.

(e) Additional Disclosures. The
out-of-state attorney shall advise the Administrator of new or additional
information related to items 4, 5 and 8 of the Statement, shall report a
criminal conviction or discipline as required by Supreme Court Rule 761 and
Rule 8.3(d) of the Illinois Rules of Professional Conduct, respectively, and
shall report the conclusion of the attorney’s practice in the proceeding. The
attorney shall make these disclosures in writing to the Administrator within 30
days of when the information becomes known to the attorney. The out-of-state
attorney shall provide waivers upon request of the Administrator to authorize
bar admission or disciplinary authorities to disclose information to the
Administrator.

(f) Fee per Proceeding. At the time of
serving the Statement upon the Administrator, the out-of-state attorney shall
submit to the Administrator a nonrefundable fee in the amount of $250 per
proceeding, except that no fee shall be due from an attorney appointed to
represent an indigent defendant in a criminal or civil case, from an attorney
employed by or associated with a nonprofit legal service organization in a
civil case involving the client of such a program, from an attorney providing
legal services pursuant to Rule 718, or from an attorney employed by the United
States Department of Justice and representing the United States. Fees shall be
deposited in the disciplinary fund maintained pursuant to Rule 751(e)(6). The
Attorney Registration and Disciplinary Commission shall retain $75 of each fee
received under this section to fund its expenses to administer this rule. The
$175 balance of each such fee shall be remitted to a trust fund established
by the Attorney Registration and Disciplinary Commission for the Court’s
Access to Justice Commission and used at the Court’s discretion to provide
funding for the work of the Commission on Access to Justice and related Court
programs that improve access to justice for low-income and disadvantaged
Illinois residents, as well as to provide funding to the Lawyers Trust Fund of
Illinois for distribution to legal aid organizations serving the State. The
Court or its designee may direct the deposit of other funds into the trust fund. The Attorney Registration and Disciplinary
Commission shall act in a ministerial capacity only and shall have no
interest in or discretion concerning the trust fund. The Attorney
Registration and Disciplinary Commission shall make payments from the trust
fund pursuant to written direction from the Court or its designee. Such
directions may be submitted electronically.

(g) Administrator’s Review of Statement. The Administrator of the Attorney Registration and Disciplinary Commission
shall conduct an inquiry into the Statement. It shall be the duty of the
out-of-state attorney and Illinois attorneys to respond expeditiously to
requests for information from the Administrator related to an inquiry under
this section.

(h) Registration Requirement. An
out-of-state attorney who appears in a proceeding pursuant to this rule shall
register with the Attorney Registration and Disciplinary Commission and pay the
registration fee required by Rule 756 for each year in which the attorney has
any appearance of record pursuant to this rule. The attorney shall register
within 30 days of the filing of a Statement pursuant to this rule if the
attorney is not yet registered.

(i) Duration of Permission to Practice. The permission to practice law shall extend throughout the out-of-state
attorney’s practice in the proceeding unless earlier terminated. The Supreme
Court, the Chief Judge of the Circuit Court for the circuit in which a
proceeding is pending, or the court in which a proceeding is pending may
terminate the permission to practice upon its own motion or upon motion of the
Administrator if it determines that grounds exist for termination. Grounds may
include, but are not limited to:

(1) the failure of the
out-of-state attorney to have or maintain qualifications required under this
rule;

(2) the conduct of the attorney
inconsistent with Rule 5.5 or other rules of the Illinois Rules of Professional
Conduct, the Supreme Court Rules on Admission and Discipline of Attorneys or
other rules of the Supreme Court, or other Illinois law and practices that
pertain to the proceeding;

(3) the conduct of the attorney
in the proceeding;

(4) the absence of an Illinois
attorney who is associated with the out-of-state lawyer as counsel, who has an
appearance of record in the proceeding, and who participates actively in the
proceeding pursuant to Rule 5.5(c)(1) of the Illinois Rules of Professional
Conduct;

(5) inaccuracies or omissions
in the Statement;

(6) the failure of the attorney
or the associated Illinois lawyer to comply with requests of the Administrator
for information; or

(7) the failure of the attorney
to pay the per-proceeding fee under this rule or to comply with registration
requirements under Rule 756.

(j) Disciplinary Authority. The
out-of-state attorney shall be subject to the disciplinary and unauthorized
practice of law authority of the Supreme Court. The Administrator may institute
disciplinary or unauthorized practice of law investigations and proceedings
related to the out-of-state attorney. The Administrator may seek interim relief
in the Supreme Court pursuant to the procedure set forth in Rule 774. The
Administrator may also refer matters to the disciplinary authority of any other
jurisdiction in which the attorney may be licensed.

(a) At the November term in each year, the Supreme Court shall appoint a Committee
on Character and Fitness in each of the judicial districts of this state, comprised of
Illinois lawyers. In the First Judicial District the committee shall consist of no fewer than
30 members of the bar, and in the Second, Third, Fourth and Fifth Judicial Districts, each
committee shall consist of no fewer than 15 members of the bar. Unless the Court
specifies a shorter term, all members shall be appointed for staggered three-year terms
and shall serve until their successors are duly appointed and qualified. No member may
be appointed to more than three full consecutive terms. Vacancies for any cause shall be
filled by appointment of the Court for the unexpired term. The Court shall appoint a
chairperson and a vice-chairperson for each committee. The chairperson may serve only
one three-year term. The members of the Board of Admissions to the Bar shall be ex-officio members of the committees and are authorized to serve as members of hearing
panels of any committee.

(b) Pursuant to the Rules of Procedure for the Board of Admissions to the Bar and the
Committees on Character and Fitness, the cCommittee shall determine whether each law
student registrant and applicant presently possesses good moral character and general
fitness for admission to the practice of law. Anregistrant or applicant may be so
recommended if the committee determines that his or her record of conduct demonstrates
that he or she meets the essential eligibility requirements for the practice of law and
justifies the trust of clients, adversaries, courts and others with respect to the professional
duties owed to them. A record manifesting a failure to meet the essential eligibility
requirements, including a deficiency in the honesty, trustworthiness, diligence, or
reliability of anregistrant or applicant, may constitute a basis for denial of admission.

(c) The essential eligibility requirements for the practice of law include the following:
(1) the ability to learn, to recall what has been learned, to reason, and to analyze; (2) the
ability to communicate clearly and logically with clients, attorneys, courts, and others;
(3) the ability to exercise good judgment in conducting one’s professional business; (4)
the ability to conduct oneself with a high degree of honesty, integrity, and trustworthiness
in all professional relationships and with respect to all legal obligations; (5) the ability to
conduct oneself with respect for and in accordance with the law and the Illinois Rules of
Professional Conduct; (6) the ability to avoid acts that exhibit disregard for the health,
safety, and welfare of others; (7) the ability to conduct oneself diligently and reliably in
fulfilling all obligations to clients, attorneys, courts, creditors, and others; (8) the ability
to use honesty and good judgment in financial dealings on behalf of oneself, clients, and
others; (9) the ability to comply with deadlines and time constraints; and (10) the ability
to conduct oneself properly and in a manner that engenders respect for the law and the
profession.

(d) If required by the Committee or its Rules of Procedure, each law student
registrant and applicant shall appear before the committee of his or her district or some
member thereof and shall furnish the committee such evidence of his or her good moral
character and general fitness to practice law as in the opinion of the committee would
justify his or her admission to the bar.

(e) At all times prior to his or her admission to the bar of this state, each law student
registrant and applicant is under a continuing duty to supplement and continue to report
fully and completely to the Board of Admissions to the Bar and to the Committee on
Character and Fitness all information required to be disclosed pursuant to any and all
application documents and such further inquiries prescribed by the Board and the
Committee.

(f) If the cCommittee is of the opinion that the law student registrant or applicant is
of good moral character and general fitness to practice law, it shall so certify to the Board
of Admissions to the Bar, and the Board shall transmit such certification to the Court
together with any additional information or recommendation the Board deems
appropriate when all other admission requirements have been met. If the cCommittee is
not of that opinion, it shall file with the Board of Admissions to the Bar a statement that
it cannot so certify, together with a report of its findings and conclusions.

(g) Character and Fitness certification is valid for nine months from the date of
certification. An applicant who has been so certified and who has not been admitted to
practice within nine months must be recertified after filing the requisite character and
fitness registration and paying the fee therefor in accordance with Rule 706.

(g)(h)Anlaw student registrant or applicant who has availed himself or herself of
his or her full hearing rights before the Committee on Character and Fitness and who
deems himself or herself aggrieved by the determination of the committee may, on notice
to the committee by service upon the Director of Administration for the Board of
Admissions in Springfield, petition the Supreme Court for review within 35 days after
service of the Committee’s decision upon the law student registrant or applicant, and,
unless extended for good cause shown, the Committee shall have 28 days to respond. The
director shall file the record of the hearing with the Supreme Court at the time that the
response of the Committee is filed.

Rule 709. Power to Make
Rules, Conduct Investigations, and Subpoena Witnesses

(a) Subject to the approval of the Supreme Court, the Board of Admissions to the Bar
and the Committee on Character and Fitness shall have power to make, adopt, and alter
rules not inconsistent with this rule, for the proper performance of their respective
functions.

(b) The Board of Admissions to the Bar and the Committee on Character and Fitness
for each judicial district are hereby respectively constituted bodies of commissioners of
this court, who are hereby empowered and charged to receive and entertain complaints,
to make inquiries and investigations, and to take proof from time to time as may be
necessary, concerning applications for admission to the bar, examinations given by or
under the supervision of the Board of Admissions to the Bar, and the good moral
character and general fitness to practice law of law student registrants and applicants for
admission. They may call to their assistance in such inquiries other members of the bar
and make all necessary rules and regulations concerning the conduct of such inquiries
and investigations, and take the testimony of witnesses. The hearings before the
commissioners shall be private unless any law student registrant or applicant concerned
shall request that they be public. Upon application by the commissioners, the clerk of the
Supreme Court shall issue subpoenas ad testificandum, subpoenas duces tecum, or dedimus potestatem to take depositions. Witnesses shall be sworn by a commissioner or
any person authorized by law to administer oaths. All testimony shall be taken under
oath, transcribed, and transmitted to the court, if requested. The commissioners shall
report to the Supreme Court the failure or refusal of any person to attend and testify in
response to a subpoena.

Any person who communicates information concerning a law student registrant or an
applicant for admission to the Illinois bar to any member of the Illinois Board of
Admissions to the Bar or to any member of the Character and Fitness Committees or to
the Director of Administration, administrators, staff, investigators, agents, or attorneys of
the Board or such Committees shall be immune from all civil liability which, except for
this rule, might result from such communication. The grant of immunity provided by this
rule shall apply only to those communications made by such persons to any member of
the Illinois Board of Admissions to the Bar or to any member of the Character and
Fitness Committees or to the Director of Administration, administrators, staff,
investigators, agents, or attorneys of the Board or such Committees.

Rule 711. Representation by Supervised Senior Law
Students or Graduates

(a) Eligibility. A student in a law school approved by the American Bar
Association may be certified by the dean of the school to be eligible to perform the
services described in paragraph (c) of this rule, if he/she satisfies the following
requirements:

(1) He/She must have received credit for work representing at least three-fifthsone-half of the total hourly credits required for graduation from the law
school.

(2) He/She must be a student in good academic standing, and be eligible
under the school’s criteria to undertake the activities authorized herein.

A graduate of a law school approved by the American Bar Association who (i) has
not yet had an opportunity to take the examinations provided for in Rule 704, (ii) has
taken the examinations provided for in Rule 704 but not yet received notification of
the results of either examination, or (iii) has taken and passed both examinations
provided for in Rule 704 but has not yet been sworn as a member of the Illinois bar
may, if the dean of that law school has no objection, be authorized by the
Administrative Director of the Illinois Courts to perform the services described in
paragraph (c) of this rule.

For purposes of this rule, a law school graduate is defined as any individual not
yet licensed to practice law in any jurisdiction.

(b) Agencies Through Which Services Must Be Performed. The services
authorized by this rule may only be carried on in the course of the student’s or
graduate’s work with one or more of the following organizations or programs:

(1) a legal aid bureau, legal assistance program, organization, or clinic
chartered by the State of Illinois or approved by a law school approved by the
American Bar Association;

(2) the office of the public defender; or

(3) a law office of the State or any of its subdivisions.

(c) Services Permitted. Under the supervision of a member of the bar of this
State, and with the written consent of the person on whose behalf he/she is acting,
which shall be filed in the case and brought to the attention of the judge or presiding
officer, an eligible law student or graduate may render the following services:

(1) He/She may counsel withand advise clients, negotiate in the settlement
of claims, represent clients in mediation and other nonlitigation matters, and
engage in the preparation and drafting of legal instruments.

(2) He/She may appear in the trial courts, courts of review and administrative
tribunals of this State, including court-annexed arbitration and mediation, subject
to the following qualifications:

(i) Written consent to representation of the person on whose behalf the
law student or graduate is acting shall be filed in the case and brought to the
attention of the judge or presiding officer.

(ii) Appearances, pleadings, motions, and other documents to be filed
with the court may be prepared by the student or graduate and may be signed
by him with the accompanying designation “Senior Law Student” or “Law
Graduate” but must also be signed by the supervising member of the bar.

(iiiii) In criminal cases, in which the penalty may be imprisonment, in
proceedings challenging sentences of imprisonment, and in civil or criminal
contempt proceedings, the student or graduate may participate in pretrial,
trial, and posttrial proceedings as an assistant of the supervising member of
the bar, who shall be present and responsible for the conduct of the
proceedings.

(iiiiv) In all other civil and criminal cases in the trial courts or
administrative tribunals, the student or graduate may conduct all pretrial, trial,
and posttrial proceedings, and the supervising member of the bar need not be
present.

(3v) In matters before courts of review,He/Shethe law student or
graduate may prepare briefs, excerpts from the record, abstracts, and other
documents filed in courts of review of the State, which may set forth the
name of the student or graduate with the accompanying designation “Senior
Law Student” or “Law Graduate” but must be filed in the name of the
supervising member of the bar. Upon motion by the supervising member of
the bar, the senior law student or law graduate may request authorization to
argue the matter before the court of review. If the law student or law graduate
is permitted to argue, the supervising member of the bar must be present and
responsible for the conduct of the hearing.

(d) Compensation. A student or graduate rendering services authorized by this
rule shall not request or accept any compensation from the person for whom he/she
renders the services, but may receive compensation from an agency described in
paragraph (b) above in accordance with an approved program.

(e) Certificationand Authorization.

(1) Upon request of a student or the appropriate organization, the dean of the
law school in which the student is in attendance may, if he/she finds that the
student meets the requirements stated in paragraph (a) of this rule, file with the
Administrative Director a certificate so stating. Upon the filing of the certificate
and until it is withdrawn or terminated the student is eligible to render the
services described in paragraph (c) of this rule. The Administrative Director shall
authorize, upon review and approval of the completed application of an eligible
student as defined in paragraph (a) and the certification as described in paragraph
(e), the issuance of the temporary license. No services that are permitted under
paragraph (c) shall be performed prior to the issuance of a temporary license.

(2) Unless otherwise provided by the Administrative Director for good cause
shown, or unless sooner withdrawn or terminated, the certificate shall remain in
effect until the expiration of 1824 months after it is filed, or until the
announcement of the results of the first bar examination following the student’s
graduation, whichever is earlier. The certificate of a student who passes that
examination shall continue in effect until he/she is admitted to the bar.

(3) The certificate may be withdrawn by the dean at any time, without prior
notice, hearing, or showing of cause, by the mailing of a notice to that effect to
the Administrative Director and copies of the notice to the student and to the
agencies to which the student had been assigned.

(4) The certificate may be terminated by this court at any time without prior
notice, hearing, or showing of cause. Notice of the termination may be filed with
the Administrative Director, who shall notify the student and the agencies to
which the student had been assigned.

(f) Application by Law Graduate. A law school graduate who wishes to be
authorized to perform services described in paragraph (c) of this rule shall apply
directly to the Administrative Director, with a copy to the dean of the law school
from which he/she graduated.

This rule was amended effective July 1, 2013, to clarify that students and law
graduates may perform nonlitigation legal services under this rule. Nothing in this
rule should be construed to require law students or law graduates to be certified under
this rule for work, including but not limited to transactional, pretrial, and policy
work, that properly may be performed by a law student or other nonlawyer under
Rule 5.3 of the Illinois Rules of Professional Conduct.

Committee Comments
(July 1, 1985)

This rule was amended, effective August 1, 1985,
to allow the Administrative Director of the Illinois Courts to allow certain
graduates of approved law schools to perform services under this rule pending
their first opportunity to sit for the bar examination and to allow the
Administrative Director, upon good cause shown, to extend the termination date
of a certificate beyond the period prescribed by the rule. "Good cause shown"
would ordinarily be limited to evidence that the licensee was unable to sit for
the first bar examination offered following his graduation because of illness, a
death in his family, military obligation, etc.

(a) General Regulation. In its discretion the supreme court may
license to practice as a foreign legal consultant on foreign and
international law, without examination, an applicant who:

(1) has been admitted to practice (or has obtained the
equivalent of such admission) in a foreign country, and has
engaged in the practice of law of such country, and has been in
good standing as an attorney or counselor at law (or the
equivalent of either) in such country, for a period of not less than
five of the seven years immediately preceding the date of his or
her application, provided that admission as a notary or its
equivalent in any foreign country shall not be deemed to be the
equivalent of admission as an attorney or counselor at law;

(2) possesses the good moral character and general fitness
requisite for a member of the bar of this state;

(3) possesses the requisite documentation evidencing
compliance with the immigration laws of the United States; and

(4) intends to practice as a legal consultant in the State of
Illinois and to maintain an office therefor in the State of Illinois.

(b) Reciprocity. In considering whether to license an applicant
under this rule, the supreme court may in its discretion take into
account whether a member of the bar of the supreme court would
have a reasonable and practical opportunity to establish an office for
the giving of legal advice to clients in the applicant’s country of
admission (as referred to in paragraphs (c)(1) and (c)(5) of this rule),
if there is pending with the supreme court a request to take this factor
into account from a member of the bar of this court actively seeking
to establish such an office in that country which raises a serious
question as to the adequacy of the opportunity for such a member to
establish such an office, or if the supreme court decides to do so on
its own initiative.

(c) Proof Required. An applicant to be licensed under this rule
must file with the supreme court or its designee:

(1) a certificate from the authority in such foreign country
having final jurisdiction over professional discipline, certifying as
to the applicant’s admission to practice and the date thereof and
as to his or her good standing as such attorney or counselor at law
or the equivalent, together with a duly authenticated English
translation of such certificate if it is not in English;

(2) a letter of recommendation from one of the members of
the executive body of such authority, or from one of the judges of
the highest law court or court of original jurisdiction of such
foreign country, together with a duly authenticated English
translation of such letter if it is not in English;

(3) evidence of his or her citizenship, educational and
professional qualifications, period of actual practice in such
foreign country and age;

(4) the affidavits of reputable persons as evidence of the
applicant’s good moral character and general fitness, substantially
as required by Rule 708;

(5) a summary of the laws and customs of such foreign
country that relate to the opportunity afforded to members of the
bar of the supreme court to establish offices for the giving of legal
advice to clients in such foreign country; and

(6) a completed character and fitness registration application
in the form prescribed by the Board of Admissions to the Bar and
such other evidence of character, qualification and fitness as the
supreme court may from time to time require and compliance
with the requirements of this subsection.

(d) Waiver. Upon a showing that strict compliance with the
provisions of paragraph (c)(1) or (c)(2) of this rule would cause the
applicant unnecessary hardship, the supreme court may in its
discretion waive or vary the application of such provisions and permit
the applicant to furnish other evidence in lieu thereof.

(e) Right to Practice and Limitations on Scope of Practice. A
person licensed as a foreign legal consultant under this rule may
render legal services and give professional advice within this state
only on the law of the foreign country where the foreign legal
consultant is admitted to practice. A foreign legal consultant in giving
such advice shall not quote from or summarize advice concerning the
law of this state (or of any other jurisdiction) which has been rendered
by an attorney at law duly licensed under the law of the State of
Illinois (or of any other jurisdiction, domestic or foreign). A licensed
foreign legal consultant shall not:

(1) appear for a person other than himself or herself as
attorney in any court, or before any judicial officer, or before any
administrative agency, in this state (other than upon admission in
isolated cases pursuant to Rule 707) or prepare pleadings or any
other papers or issue subpoenas in any action or proceeding
brought in any such court or before any such judicial officer, or
before any such administrative agency;

(2) prepare any deed, mortgage, assignment, discharge, lease
or any other instrument affecting real estate located in the United
States of America;

(3) prepare any will, codicil or trust instrument affecting the
disposition after death of any property located in the United States
of America and owned by a citizen thereof;

(4) prepare any instrument relating to the administration of
decedent’s estate in the United States of America;

(5) prepare any instrument or other paper which relates to the
marital relations, rights or duties of a resident of the United States
of America or the custody or care of the children of such a
resident;

(6) render professional legal advice with respect to a personal
injury occurring within the United States;

(7) render professional legal advice with respect to United
States immigration laws, United States customs laws or United
States trade laws;

(8) render professional legal advice on or under the law of the
State of Illinois or of the United States or of any state, territory or
possession thereof or of the District of Columbia or of any other
jurisdiction (domestic or foreign) in which such person is not
authorized to practice law (whether rendered incident to the
preparation of legal instruments or otherwise);

(9) directly, or through a representative, propose, recommend
or solicit employment of himself or herself, his or her partner, or
his or her associate for pecuniary gain or other benefit with
respect to any matter not within the scope of practice authorized
by this rule;

(10) use any title other than “foreign legal consultant” and
affirmatively state in conjunction therewith the name of the
foreign country in which he or she is admitted to practice
(although he or she may additionally identify the name of the
foreign or domestic firm with which he or she is associated); or

(11) in any way hold himself or herself out as an attorney
licensed in Illinois or as an attorney licensed in any United States
jurisdiction.

(f) Disciplinary Provisions. Every person licensed to practice as
a foreign legal consultant under this rule shall execute and file with
the Illinois Attorney Registration and Disciplinary Commission, in
such form and manner as the supreme court may prescribe:

(1) the foreign legal consultant’s written commitment to
observe the Rules of Professional Conduct, as adopted by the
Illinois Supreme Court and as it may be amended from time to
time, to the extent applicable to the legal services authorized by
subparagraph (e) of this rule;

(2) a duly acknowledged instrument, in writing, setting forth
the foreign legal consultant’s address in this state and designating
the clerk of the supreme court as the foreign legal consultant’s
agent upon whom process may be served, with like effect as if
served personally upon the foreign legal consultant, in any action
or proceeding thereafter brought against the foreign legal
consultant and arising out of or based upon any legal services
rendered or offered to be rendered by the foreign legal consultant
within or to residents of this state, whenever after due diligence
service cannot be made upon the foreign legal consultant at such
address or at such new address in this state as he or she shall have
filed in the office of the clerk of the supreme court by means of
a duly acknowledged supplemental instrument in writing; and

(3) appropriate evidence of professional liability insurance or
other proof of financial responsibility, in such form and amount
as the supreme court may prescribe, to assure his or her proper
professional conduct and responsibility.

(g) Service of Process. Service of process on the clerk of the
supreme court, pursuant to the designation filed as required by Rule
712(f)(2) above, shall be made by personally delivering to and
leaving with such clerk, or with a deputy or assistant authorized by
the foreign legal consultant to receive such service, at his or her
office, duplicate copies of such process together with a fee of $10.
Service of process shall be complete when such clerk has been so
served. Such clerk shall promptly send one of such copies to the
foreign legal consultant to whom the process is directed, by certified
mail, return receipt requested, addressed to such foreign legal
consultant at his or her address specified by the foreign legal
consultant as aforesaid.

(h) Separate Authority. This rule shall not be deemed to limit or
otherwise affect the provisions of Rule 704.

(i) Unauthorized Practice of Law. Any person who is licensed
under the provisions of this rule shall not be deemed to have a license
to perform legal services prohibited by Rule 712(e) hereof. Any
person licensed hereunder who violates the provisions of Rule 712(e)
is engaged in the unauthorized practice of law and may be held in
contempt of the court. Such person may also be subject to disciplinary
proceedings pursuant to Rule 777 and the penalties imposed by
section 32–5 of the Criminal Code of 1961, as amended, and section
1 of “An Act to revise the law in relation to attorneys and
counselors,” approved March 28, 1874the Attorney Act (705 ILCS
205/1).

(1) The Committee on Character and Fitness of the judicial district in which
any applicant for a license (pursuant to Rule 712) to practice as a foreign
legal consultant resides shall pass upon his or her good moral character and
general fitness to practice as a foreign legal consultant. The applicant shall
furnish the committee with copies of the affidavits referred to in paragraphs
(b)(3), (b)(4) and (b)(5) hereof. Each applicant for a license to practice as a
foreign legal consultant shall appear before the committee of his district or
some member thereof and shall furnish the committee such evidence of his or her
good moral character and general fitness to practice as a foreign legal
consultant as in the opinion of the committee would justify his or her being
licensed as a foreign legal consultant.

(2) Unless otherwise ordered by the supreme court, no license to practice as
a foreign legal consultant shall be granted without a certificate, from the
Committee on Character and Fitness for the judicial district in which the
applicant resides, certifying that the committee has found that the applicant is
of good moral character and general fitness to practice as a foreign legal
consultant.

(b) Documents–Affidavits and Other Proof Required. Every applicant for
a license to practice as a foreign legal consultant shall file the following
additional papers with his or her application:

(1) a certificate from the authority having final jurisdiction over
professional discipline in the foreign country in which the applicant
was admitted to practice, which shall be signed by a responsible
official or one of the members of the executive body of such authority
and shall be attested under the hand and seal, if any, of the clerk of
such authority, and which shall certify:

(i) as to the authority’s jurisdiction in such matters;

(ii) as to the applicant’s admission to practice in such foreign
country and the date thereof and as to his or her good standing as an
attorney or counselor at law or the equivalent therein; and

(iii) as to whether any charge or complaint has ever been filed
against the applicant with such authority, and, if so, the substance
of each such charge or complaint and the disposition thereof;

(2) a letter of recommendation from one of the members of the
executive body of such authority or from one of the judges of the
highest law court or court of general original jurisdiction of such
foreign country, certifying to the applicant’s professional
qualifications, together with a certificate under the hand and seal, if
any, of the clerk of such authority or of such court, as the case may
be, attesting to the office held by the person signing the letter and
the genuineness of his signature;

(3) affidavits as to the applicant’s good moral character and general
fitness to practice as a foreign legal consultant from three reputable
persons residing in this state and not related to the applicant, two or
whom shall be practicing Illinois attorneys;

(4) affidavits from two attorneys or counselors at law or the
equivalent admitted in and practicing in such foreign country, stating
the nature and extent of their acquaintance with the applicant and their
personal knowledge as to the nature, character and extent of the
applicant’s practice, and as to the applicant’s good standing as an
attorney or counselor at law or the equivalent in such foreign country,
and the duration and continuity of such practice;

(5) the National Conference of Bar Examiners questionnaire and
affidavit;

(6) documentation in duly authenticated form evidencing that the
applicant is lawfully entitled to reside and be employed in the United
States of America pursuant to the immigration laws thereof;

(7) such additional evidence as the applicant may see fit to submit
with respect to his or her educational and professional qualifications
and his or her good moral character and general fitness to practice as a
foreign legal consultant;

(8) a duly authenticated English translation of every paper submitted
by the applicant which is not in English; and

(9) a duly acknowledged instrument designating the clerk of the
supreme court the applicant’s agent for service of process as provided
in Rule 712(f)(2).

(c) University and Law School Certificates. A certificate shall be
submitted from each university and law school attended by the applicant, setting
forth the information required by forms which shall be provided to the applicant
for that purpose.

(d) Exceptional Situations. In the event that the applicant is unable
to comply strictly with any of the foregoing requirements, the applicant shall
set forth the reasons for such inability in an affidavit, together with a
statement showing in detail the efforts made to fulfill such requirements.

(e) Authority of Committee on Character and Fitness to Require Additional
Proof. The Committee on Character and Fitness may in any case require the
applicant to submit such additional proof or information as it may deem
appropriate and may also require the applicant to submit a report of the
National Conference of Bar Examiners with respect to his or her character and
qualifications.

(f) Filing. Every application for a license as a foreign legal
consultant, together with all the papers submitted thereon, shall upon its final
disposition be filed in the office of the clerk of the supreme court.

(g) Fees of Applicants. Each applicant for a license to practice as a
foreign legal consultant on foreign or international law shall pay in advance a
fee of $150$800. All fees shall be paid to the
treasurer of the Board of Admissions to the Bar to be held by the treasurer
subject to the order of the court.

(h) Undertaking. Prior to taking custody of any money, securities
(other than unindorsed securities in registered form), negotiable instruments,
bullion, precious stones or other valuables, in the course of his or her
practice as a foreign legal consultant, for or on behalf of any client domiciled
or residing in the United States, every person licensed to practice as a foreign
legal consultant shall obtain, and shall maintain in effect for the duration of
such custody, an undertaking issued by a duly authorized surety company, and
approved by a justice of the supreme court, to assure the faithful and fair
discharge of his or her duties and obligations arising from such custody. The
undertaking shall be in an amount not less than the amount of any such money, or
the fair market value of any such property other than money, of which the
foreign legal consultant shall have custody, except that the supreme court may
in any case in its discretion for good cause direct that such undertaking shall
be in a greater or lesser amount. The undertaking or a duplicate original
thereof shall be promptly filed by the foreign legal consultant with the clerk
of the supreme court.

(a) Statement of Purpose. This rule is promulgated to insure that counsel who
participate in capital cases possess the ability, knowledge and experience to do so in
a competent and professional manner. To this end, the Supreme Court shall certify
duly licensed attorneys to serve as members of the Capital Litigation Trial Bar.

(b) Qualifications of Members of the Capital Litigation Trial Bar. Unless
exempt under paragraph (c), or the Supreme Court determines that an attorney
otherwise has the competence and ability to participate in a capital case pursuant to
paragraph (d), trial counsel must meet the following minimum requirements:

Lead Counsel–Qualifications

(1) Be a member in good standing of the Illinois Bar or be admitted to the
practice pro hac vice.;

(2) Be an experienced and active trial practitioner with at least five years of
criminal litigation experience within the last seven years.;

(3) Have substantial familiarity with the ethics, practice, procedure and rules
of the trial and reviewing courts of the State of Illinois; and

(4) Have prior experience as lead or co-counsel in no fewer than eight felony
jury trials which were tried to completion, at least two of which were murder
prosecutions and at least two trials must have been tried within the last seven
years; and either

(i) have completed at least 12 hours of training in the preparation and trial
of capital cases in a course approved by the Illinois Supreme Court, within
two years prior to making application for admission; or

(ii) have substantial familiarity with and extensive experience in the use
of expert witnesses, and forensic and medical evidence including, but not
limited to, mental health, pathology and DNA profiling evidence.

Co-Counsel–Qualifications

(1) Be a member in good standing of the Illinois Bar or be admitted to the
practice pro hac vice;

(2) Be an experienced and active trial practitioner with at least three years of
criminal litigation experience within the last seven years;

(3) Have substantial familiarity with the ethics, practice, procedure and rules
of the trial and reviewing courts of the State of Illinois; and

(4) Have prior experience as lead or co-counsel in no fewer than five felony
jury trials which were tried to completion and at least one trial must have been
tried within the last seven years; and either

(i) have completed at least 12 hours of training in the preparation and trial
of capital cases in a course approved by the Illinois Supreme Court, within
two years prior to making application for admission; or

(ii) have substantial familiarity with and extensive experience in the use
of expert witnesses, and forensic and medical evidence including, but not
limited to, mental health, pathology and DNA profiling evidence.

(c) The Attorney General or duly elected or appointed State’s Attorney of each
county of this state shall not be disqualified from prosecuting a capital case because
he or she is not a member of the Capital Litigation Trial Bar.

(d) Waiver. If an attorney cannot meet one or more of the requirements set forth
above, the Supreme Court may waive such requirement upon demonstration by the
attorney that he or she, by reason of extensive criminal or civil litigation, appellate
or postconviction experience or other exceptional qualifications, is capable of
providing effective representation as lead or co-counsel in capital cases.

(e) Application for Admission to the Capital Litigation Trial Bar. In support of
an application, an attorney shall submit to the Illinois Supreme Court a form
approved by the Administrative Office of the Illinois Courts. It shall require the
attorney to demonstrate that he or she has fully satisfied the requirements set forth
above. The attorney shall also identify any requirement that he or she requests be
waived and shall set forth in detail such criminal or civil litigation, appellate or
postconviction experience or other exceptional qualifications that justify waiver.
Applications for certification as lead counsel by attorneys previously certified as co-counsel shall be handled in the same manner as original applications for admission
to the Capital Litigation Trial Bar.

(f) Creation of Capital Litigation Trial Bar Roster. The Administrative Office of
the Illinois Courts shall review each application to determine that it is complete. All
completed applications shall be delivered, within 30 days of their receipt, to the
screening panel designated by the Supreme Court to consider such applications.
Within 30 days of receipt of the application the screening panel shall designate those
attorneys deemed qualified to represent parties in capital cases and shall report those
findings to the Supreme Court. Upon concurrence by the Supreme Court, the court
shall direct the Administrative Office to maintain and promulgate a roster of
attorneys designated as members of the Capital Litigation Trial Bar. The roster shall
indicate whether the attorney is certified as lead counsel or co-counsel.

(g) Continuing Legal Education. In addition to fulfilling the requirements for
Capital Litigation Trial Bar membership, each member of the Capital Litigation Trial
Bar shall complete at least 12 hours of training in the preparation and trial of capital
cases in a course approved by the Illinois Supreme Court within each two-year
period following admission to that bar. It shall be the responsibility of each Capital
Litigation Trial Bar member to provide notice of completion within 60 days of such
training to the Administrative Office of the Illinois Courts, either by individual
correspondence or by certification provided by the agency or group conducting such
training.

(h) Removal of Eligibility. The Supreme Court may remove from the roster of
the Capital Litigation Trial Bar any attorney who, in the court’s judgment, has not
provided ethical, competent, and thorough representation. In addition, the court may
suspend or remove from the Capital Litigation Trial Bar roster any attorney who has
failed to meet the continuing legal education requirements of paragraph (g).

(i) Reinstatement. An attorney who has been suspended or removed from the
roster of the Capital Litigation Trial Bar for failure to comply with the continuing
legal education requirements of paragraph (g) may be reinstated by the Supreme
Court. An attorney who seeks reinstatement must, within one year after receiving
notice of being removed or suspended from the roster of the Capital Litigation Trial
Bar, complete the 12 hours of training as required by paragraph (g) and provide
notice of compliance to the Administrative Office of the Illinois Courts. Such notice
shall be in a form and manner approved by the Administrative Office of the Illinois
Courts. To be reinstated, an attorney must have remained in compliance with all
other qualifications for membership in the Capital Litigation Trial Bar. An attorney
may seek reinstatement by this process only once.

Any person who has
received his or her legal education and law degree in a foreign country may make
application to the Board of Admissions to the Bar for admission to the bar upon
academic qualification examination upon the following conditions:

(a) The applicant has
been licensed to practice law in the foreign country in which the law degree was
conferred and/or in the highest court of law in any state or territory of the
United States or the District of Columbia and is in good standing as an attorney
or counselor at law (or the equivalent of either) in that country or other
jurisdiction where admitted to practice.

b) The applicant has
been actively and continuously engaged in the practice of law under such license
or licenses for at least five of the seven years immediately prior to making
application.

(c) The Board has
determined that the quality of the applicant’s preliminary, college and legal
education is acceptable for admission to the bar of this state based upon its
review and consideration of any matters deemed relevant by the Board including,
but not limited to, the jurisprudence of the country in which the applicant
received his or her education and training, the curriculum of the law schools
attended and the course of studies pursued by the applicant, accreditation of
the law schools attended by the applicant by competent accrediting authorities
in the foreign country where situated, post-graduate studies and degrees earned
by the applicant in the foreign country and in the United States, and the
applicant’s success on bar examinations in other jurisdictions in this country.
Each applicant shall submit such proofs and documentation as the Board may
require.

(d) The applicant has
achieved a passing score as determined by the Board on the full academic
qualification examination.

(e) The applicant has
achieved a passing score as determined by the Board on the Multistate
Professional Responsibility Examination in Illinois or in any other jurisdiction
in which it was administered.

(f) The applicant
meets the character and fitness standards in Illinois and has been so certified
to the Board by the Committee on Character and Fitness pursuant to Rule 708.

(g) The applicant has
filed the requisite character and fitness registration and bar examination
applications and has paid the fees therefor in accordance with Rule 706.

A person who, as determined by the Board of Admissions to the Bar, has been
licensed to practice in the highest court of law in any United States state, territory, or the
District of Columbia may receive a limited license to practice law in this state when the
lawyer is employed in Illinois as house counsel exclusively for a single corporation,
partnership, association or other legal entity (as well as any parent, subsidiary or affiliate
thereof), the lawful business of which consists of activities other than the practice of law
or the provision of legal services upon the following conditions:

(a) The applicant meets the educational requirements of Rule 703;

(b) The applicant meets Illinois character and fitness requirements and has been
certified by the Committee on Character and Fitness;

(c) The applicant licensed to practice law for fewer than 15 years has passed the
Multistate Professional Responsibility Exam in Illinois or in any jurisdiction in which it
was administered;

(d) The applicant is in good disciplinary standing before the highest court of every
jurisdiction in which ever admitted and is at the time of application on active status in at
least one such jurisdiction;

(e) The applicant has paid the fee for limited admission of house counsel under Rule
706.

(f) Application requirements. To apply for the limited license, the applicant must file
with the Board of Admissions to the Bar the following:

(1) A completed application for the limited license in the form prescribed by the
Board;

(A) The employer is not engaged in the practice of law or the rendering of
legal services, whether for a fee or otherwise;

(B) The employer is duly qualified to do business under the laws of its
organization and the laws of Illinois;

(C) The applicant works exclusively as an employee of said employer for the
purpose of providing legal services to the employer at the date of his or her
application for licensure; and

(D) The employer will promptly notify the Clerk of the Supreme Court of the
termination of the applicant’s employment.

(3) Such other affidavits, proofs and documents as may be prescribed by the
Board.

(g) Authority and Limitations. A lawyer licensed and employed as provided by this
Rule has the authority to act on behalf of his or her employer for all purposes as if
licensed in Illinois. The lawyer may not act as counsel for the employer until the
application is accepted and approved by the Court. A lawyer licensed under this rule shall
not offer legal services or advice to the public or in any manner hold himself or herself
out to be engaged or authorized to engage in the practice of law, except such lawyer may
provide voluntary pro bono public services as defined in Rule 756(f).

(h) Duration and Termination of License. The license and authorization to perform
legal services under this rule shall terminate upon the earliest of the following events:

(1) The lawyer is admitted to the general practice of law under any other rule of
this Court.

(2) The lawyer ceases to be employed as house counsel for the employer listed on
his or her initial application for licensure under this rule; provided, however, that if
such lawyer, within 120 days of ceasing to be so employed, becomes employed by
another employer and such employment meets all requirements of this Rule, his or
her license shall remain in effect, if within said 120-day period there is filed with the
Clerk of the Supreme Court: (A) written notification by the lawyer stating the date on
which the prior employment terminated, identification of the new employer and the
date on which the new employment commenced; (B) certification by the former
employer that the termination of the employment was not based upon the lawyers
character and fitness or failure to comply with this rule; and (C) the certification
specified in subparagraph (f)(2) of this rule duly executed by the new employer. If the
employment of the lawyer shall cease with no subsequent employment within 120
days thereafter, the lawyer shall promptly notify the Clerk of the Supreme Court in
writing of the date of termination of the employment, and shall not be authorized to
represent any single corporation, partnership, association or other legal entity (or any
parent, subsidiary or affiliate thereof).

(3) The lawyer is suspended or disbarred from practice in any jurisdiction or any
court or agency before which the lawyer is admitted.

(4) The lawyer fails to maintain active status in at least one jurisdiction.

(i) Annual Registration and MCLE. Beginning with the year in which a limited
license to practice law under this rule is granted and continuing for each subsequent year
in which house counsel continues to practice law in Illinois under the limited license,
house counsel must register with the Attorney Registration and Disciplinary Commission
and pay the fee for active lawyers set forth in Rule 756 and fully comply with all MCLE
requirements for active lawyers set forth in Rule 790 et seq.

(j) Discipline. A lawyer licensed under this rule shall be subject to the jurisdiction of
the Court for disciplinary purposes to the same extent as all other lawyers licensed to
practice law in this state.

(k) Credit toward Admission on Motion. The period of time a lawyer practices law
while licensed under this rule may be counted toward eligibility for admission on motion,
provided all other requirements of Rule 705 are met.

(l) Newly Employed House Counsel. A lawyer who is newly employed as house
counsel in Illinois shall not be deemed to have engaged in the unauthorized practice of
law in Illinois prior to licensure under this rule if application for the license is made
within 90 days of the commencement of such employment.

(a)Eligibility. A lawyer admitted to
the practice of law in another state or the District of Columbia who meets the
educational requirements of Rule 703 may receive a limited license to practice
law in this state when the lawyer is employed in Illinois for an organized legal
service, public defender or law school clinical program providing legal
assistance to indigent persons.

(b)Application Requirements. To qualify
for the license the applicant must file with the Board of Admissions to the Bar
the following:

(1) A completed application for the limited license and a completed
character and fitness registration application in the form prescribed by the
Board.

(2) A certificate of good standing from the highest court of each
jurisdiction of admission.

(3) A certificate from the disciplinary authority of each jurisdiction of
admission which:

(a) states that the applicant has not been suspended, disbarred or
disciplined and that no charges of professional misconduct are pending; or

(b) identifies any suspensions, disbarments, or disciplinary sanctions and
any pending charges.

(4) A duly authorized and executed certification by the applicant's
employer that:

(a) it is engaged in the practice of law for the rendering of legal
services to indigent persons;

(b) it is duly qualified to do business under the laws of its organization
and the laws of Illinois;

(c) the applicant will work exclusively as an employee of said employer,
noting the date employment is expected to commence; and

(d) it will promptly notify the Clerk of the Supreme Court of the
termination of the applicant's employment.

(5) Such other affidavits, proofs and documentation as may be prescribed
by the Board.

(6) The requisite fees in accordance with Rule 706.

(c)Character and Fitness Approval. Each
applicant for a limited license under this rule must receive certification of
good moral character and general fitness to practice law by the Committee on
Character and Fitness in accordance with the provisions of Rule 708.

(d)Certification by the Board. In the
event the Board of Admissions to the Bar shall find that the applicant meets the
requirements of this rule and has received from the Committee on Character and
Fitness its certification of good moral character and general fitness to
practice law, the Board shall certify to the Court that such applicant is
qualified for licensure.

(e)Limitation of Practice. A lawyer
while in the employ of an employer described in subparagraph (a) of this rule
may perform legal services in this state solely on behalf of such employer and
the indigent clients represented by such employer. In criminal cases classified
as felonies, the lawyer may participate in the proceedings as an assistant of a
supervising member of the bar who shall be present and responsible for the
conduct of the proceedings.

(f)Duration and Termination of License. The license and authorization to perform legal services under this rule shall
terminate upon the earliest of the following events:

(1) Eighteen months after admission to practice under this rule.

(2) The lawyer is admitted to the general practice of law under any other
rule of this Court.

(3) The lawyer ceases to be employed for the employer listed on his or her
initial application for licensure under this rule.

(4) Withdrawal of an employer's certification filed pursuant to
subparagraph (b)(4) of this rule. An employer may withdraw certification at any
time without cause being stated.

(g)Annual Registration. Once the Court
has conferred a limited license to perform legal services under this rule, the
lawyer must register with the Attorney Registration and Disciplinary Commission
and pay the fee for active lawyers set forth in Rule 756 for the year in which
the license is conferred and for any subsequent year into which the limited
license extends.

(h)Discipline. All lawyers licensed
under this rule shall be subject to the jurisdiction of the Court for
disciplinary purposes to the same extent as all other lawyers licensed to
practice law in this state.

(i) No Credit Toward Admission on Motion. The period of
time a lawyer practices law while licensed under this rule shall not be counted
toward his or her eligibility for admission on motion under Rule 705.

Adopted February 11, 2004, effective July 1, 2004.

Rules 718. Provision of Legal Services Following Determination of Major
Disaster

(a) Determination of existence of major disaster. Solely for purposes of this
rule, this Court shall determine when an emergency affecting the justice system, as
a result of a natural or other major disaster has occurred.

(b) Temporary practice in this jurisdiction following major disaster.
Following the determination of an emergency affecting the justice system in this
jurisdiction pursuant to paragraph (a) of this rule, or a determination that persons
displaced by a major disaster in another jurisdiction and residing in this jurisdiction
are in need of pro bono services and the assistance of lawyers from outside of this
jurisdiction is required to help provide such assistance, a lawyer authorized to
practice law in another United States jurisdiction, and not disbarred, suspended from
practice or otherwise restricted from practice in any jurisdiction, may provide legal
services in this jurisdiction on a temporary basis. Such legal services must be
provided on a pro bono basis without compensation, expectation of compensation or
other direct or indirect pecuniary gain to the lawyer. Such legal services shall be
assigned and supervised through an established not-for-profit bar association, pro
bono program or legal services program or through such organization(s) specifically
designated by this Court.

(c) Temporary practice in this jurisdiction following major disaster in
another jurisdiction. Following the determination of a major disaster in another
United States jurisdiction, a lawyer who is authorized to practice law and who
principally practices in that affected jurisdiction, and who is not disbarred, suspended
from practice or otherwise restricted from practice in any jurisdiction, may provide
legal services in this jurisdiction on a temporary basis. Those legal services must
arise out of and be reasonably related to that lawyer’s practice of law in the
jurisdiction, or area of such other jurisdiction, where the major disaster occurred.

(d) Duration of authority for temporary practice. The authority to practice law
in this jurisdiction granted by paragraph (b) of this rule shall end when this Court
determines that the conditions caused by the major disaster in this jurisdiction have
ended except that a lawyer then representing clients in this jurisdiction pursuant to
paragraph (b) is authorized to continue the provision of legal services for such time
as is reasonably necessary to complete the representation, but the lawyer shall not
thereafter accept new clients. The authority to practice law in this jurisdiction granted
by paragraph (c) of this rule shall end 60 days after this Court declares that the
conditions caused by the major disaster in the affected jurisdiction have ended.

(e) Court appearancesLegal services in proceedings in Illinois. The authority
granted by this rule does not include appearances in court exceptpermits the
provision of legal services in proceedings within Illinois only as follows:

(1) pursuant to that court’s pro hac vice admission rule and, if such authority
is granted, any fees for such admission shall be waivedby permission under Rule
707; or

(2) if this Court, in any determination made under paragraph (a), grants
blanket permission to appearprovide legal services in all or designated courts ofproceedings in this jurisdiction to lawyers providing legal services pursuant to
paragraph (b). If such an authorization is included, any pro hac vice admission
fees shall be waived.

(f) Disciplinary authority and registration requirement. Lawyers providing
legal services in this jurisdiction pursuant to paragraphs (b) or (c) are subject to this
Court’s disciplinary authority and the Rules of Professional Conduct of this
jurisdiction as provided in Rule 8.5 of the Rules of Professional Conduct. Lawyers
providing legal services in this jurisdiction under paragraphs (b) or (c) shall, within
30 days from the commencement of the provision of legal services, file a registration
statement with the Clerk of this Court, unless all of the lawyer’s legal services
authorized under this rule are also permitted under Rule 707, in which case the
attorney need only register annually with the ARDC. The registration statement shall
be in a form prescribed by this Court. Any lawyer who provides legal services
pursuant to this rule shall not be considered to be engaged in the unlawful practice
of law in this jurisdiction.

(g) Notification to clients. Lawyers authorized to practice law in another United
States jurisdiction who provide legal services pursuant to this rule shall inform
clients in this jurisdiction of the jurisdiction in which they are authorized to practice
law, any limits of that authorization, and that they are not authorized to practice law
in this jurisdiction except as permitted by this rule. They shall not state or imply to
any person that they are otherwise authorized to practice law in this jurisdiction.

[1] A major disaster in this or another jurisdiction may cause an emergency
affecting the justice system with respect to the provision of legal services for a
sustained period of time interfering with the ability of lawyers admitted and
practicing in the affected jurisdiction to continue to represent clients until the disaster
has ended. When this happens, lawyers from the affected jurisdiction may need to
provide legal services to their clients, on a temporary basis, from an office outside
their home jurisdiction. In addition, lawyers in an unaffected jurisdiction may be
willing to serve residents of the affected jurisdiction who have unmet legal needs as
a result of the disaster or, though independent of the disaster, whose legal needs
temporarily are unmet because of disruption to the practices of local lawyers.
Lawyers from unaffected jurisdictions may offer to provide these legal services either
by traveling to the affected jurisdiction or from their own offices or both, provided
the legal services are provided on a probono basis through an authorized not-for-profit entity or such other organization(s) specifically designated by this Court. A
major disaster includes, for example, a hurricane, earthquake, flood, wildfire,
tornado, public health emergency or an event caused by terrorists or acts of war.

[2] Under paragraph (a), this Court shall determine whether a major disaster
causing an emergency affecting the justice system has occurred in this jurisdiction,
or in a part of this jurisdiction, for purposes of triggering paragraph (b) of this rule.
This Court may, for example, determine that the entirety of this jurisdiction has
suffered a disruption in the provision of legal services or that only certain areas have
suffered such an event. The authority granted by paragraph (b) shall extend only to
lawyers authorized to practice law and not disbarred, suspended from practice or
otherwise restricted from practice in any other manner in any other jurisdiction.

[3] Paragraph (b) permits lawyers authorized to practice law in an unaffected
jurisdiction, and not disbarred, suspended from practice or otherwise restricted from
practicing law in any other manner in any other jurisdiction, to provide pro bono legal services to residents of the affected jurisdiction following determination of an
emergency caused by a major disaster; notwithstanding that they are not otherwise
authorized to practice law in the affected jurisdiction. Other restrictions on a lawyer’s
license to practice law that would prohibit that lawyer from providing legal services
pursuant to this rule include, but are not limited to, probation, inactive status,
disability inactive status or a nondisciplinary administrative suspension for failure to
complete continuing legal education or other requirements. Lawyers on probation
may be subject to monitoring and specific limitations on their practices. Lawyers on
inactive status, despite being characterized in many jurisdictions as being “in good
standing,” and lawyers on disability inactive status are not permitted to practice law.
Public protection warrants exclusion of these lawyers from the authority to provide
legal services as defined in this rule. Lawyers permitted to provide legal services
pursuant to this rule must do so without fee or other compensation, or expectation
thereof. Their service must be provided through an established not-for-profit
organization that is authorized to provide legal services either in its own name or that
provides representation of clients through employed or cooperating lawyers.
Alternatively, this court may instead designate other specific organization(s) through
which these legal services may be rendered. Under paragraph (b), an emeritus lawyer
from another United States jurisdiction may provide pro bono legal services on a
temporary basis in this jurisdiction provided that the emeritus lawyer is authorized
to provide pro bono legal services in that jurisdiction pursuant to that jurisdiction’s emeritus or pro bono practice rule. Lawyers may also be authorized to provide legal
services in this jurisdiction on a temporary basis under Rule 5.5(c) of the Illinois
Rules of Professional Conduct.

[4] Lawyers authorized to practice law in another jurisdiction, who principally
practice in the area of such other jurisdiction determined by this Court to have
suffered a major disaster, and whose practices are disrupted by a major disaster there,
and who are not disbarred, suspended from practice or otherwise restricted from
practicing law in any other manner in any other jurisdiction, are authorized under
paragraph (c) to provide legal services on a temporary basis in this jurisdiction. Those
legal services must arise out of and be reasonably related to the lawyer’s practice of
law in the affected jurisdiction. For purposes of this rule, the determination of a
major disaster in another jurisdiction should first be made by the highest court of
appellate jurisdiction in that jurisdiction. For the meaning of “arise out of and
reasonably related to,” see Rule 5.5 Comment [14] of the Illinois Rules of
Professional Conduct.

[5] Emergency conditions created by major disasters end, and when they do, the
authority created by paragraphs (b) and (c) also ends with appropriate notice to
enable lawyers to plan and to complete pending legal matters. Under paragraph (d),
this Court determines when those conditions end only for purposes of this rule. The
authority granted under paragraph (b) shall end upon such determination except that
lawyers assisting residents of this jurisdiction under paragraph (b) may continue to
do so for such longer period as is reasonably necessary to complete the
representation. The authority created by paragraph (c) will end 60 days after this
Court makes such a determination with regard to an affected jurisdiction.

[6] Paragraphs (b) and (c) do not authorize lawyers to appear in the courts of this
jurisdiction. Court appearances are subject to the pro hac vice admission rules of the
particular court. This Court may, in a determination made under paragraph (e)(2),
include authorization for lawyers who provide legal services in this jurisdiction under
paragraph (b) to appear in all or designated courts of this jurisdiction without need
for such pro hac vice admission. If such an authorization is included, any pro hac
vice admission fees shall be waived. A lawyer who has appeared in the courts of this
jurisdiction pursuant to paragraph (e) may continue to appear in any such matter
notwithstanding a declaration under paragraph (d) that the conditions created by
major disaster have ended. Furthermore, withdrawal from a court appearance is
subject to Rule 1.16 of the Illinois Rules of Professional Conduct.

[7] Authorization to practice law as a foreign legal consultant or in-house counsel
in a United States jurisdiction offers lawyers a limited scope of permitted practice
and may therefore restrict that person’s ability to provide legal services under this
rule.

(a) Eligibility. A lawyer admitted to the practice of law in another state or the
District of Columbia who meets the educational requirements of Rule 703 may
receive a license to practice law in this state if the lawyer is:

(1) identified by the Department of Defense (or, for the Coast Guard when it
is not operating as a service in the Navy, by the Department of Homeland
Security) as the spouse of a service member of the United States Uniformed
Services; and/or is a party to a civil union with a service member pursuant to the
Illinois Religious Freedom Protection and Civil Union Act; and

(2) is residing—or intends, within the next six months, to be residing—in
Illinois due to the service member’s military orders for a permanent change of
station to the State of Illinois.

(b) Application Requirements. To qualify for the license the applicant must file
with the Board of Admissions to the Bar the following:

(1) a completed application for license and a completed character and fitness
registration application in the form prescribed by the Board;

(2) a certificate of good standing from the highest court of each jurisdiction
of admission;

(3) a certificate from the disciplinary authority of each jurisdiction of
admission which:

(a) states that the applicant has not been suspended, disbarred or
disciplined and that no charges of professional misconduct are pending; or

(b) identifies any suspensions, disbarments, or disciplinary sanctions and
any pending charges;

(4) a copy of the service member’s military orders reflecting a permanent
change of station to a military installation in Illinois; and

(5) such other affidavits, proofs and documentation as may be prescribed by
the Board.

(c) Fee Waiver. The requisite fees in accordance with Rule 706 will be waived
for all lawyers complying with the requirements of Rule 719.

(d) Character and Fitness Approval. Each applicant for a license under this
rule must receive certification of good moral character and general fitness to practice
law by the Committee on Character and Fitness in accordance with the provisions of
Rule 708.

(e) Certification by the Board. In the event the Board of Admissions to the Bar
shall find that the applicant meets the requirements of this rule and has received from
the Committee on Character and Fitness its certification of good moral character and
general fitness to practice law, the Board shall certify to the Court that such applicant
is qualified for licensure.

(f) Duration and Termination of License. The license and authorization to
perform legal services under this rule shall be limited by the earliest of the following
events:

(1) the service member is no longer a member of the United States Uniformed
Services;

(2) the military spouse attorney is no longer married to the service member;

(3) a change in the service member’s military orders reflecting a permanent
change of station to a military installation other than Illinois, except that if the
service member has been assigned to an unaccompanied or remote assignment
with no dependants authorized, the military spouse attorney may continue to
practice pursuant to the provisions of this rule until the service member is
assigned to a location with dependants authorized; or

(4) the lawyer is admitted to the general practice of law under any other rule
of this Court.

In the event that any of the events listed in subparagraph (f)(1)-(3) occur, the attorney
licensed under this rule shall notify the clerk of the Supreme Court of the event in
writing within one year of the date upon which the event occurs and upon such
notification, the license and authorization to perform services under this rule shall be
terminated.

(g) Annual Registration. Once the Court has conferred a license to perform legal
services under this rule, the lawyer must register with the Attorney Registration and
Disciplinary Commission and pay the fee for active lawyers set forth in Rule 756 for
the year in which the license is conferred and for any subsequent year into which the
license extends.

(h) Discipline. All lawyers licensed under this rule shall be subject to the
jurisdiction of the Court for disciplinary purposes to the same extent as all other
lawyers licensed to practice law in this state.

(i) Credit Toward Admission on Motion. The period of time a lawyer practices
law while licensed under this rule shall be counted toward his or her eligibility for
admission on motion under Rule 705.

Rule 721. Professional Service Corporations, Professional Associations, Limited Liability Companies, and Registered Limited Liability Partnerships for the Practice of Law

(a) Professional service corporations formed under the Professional Service Corporation Act (805 ILCS 10/1 et seq.),
professional associations organized under the Professional
Association Act (805 ILCS 305/0.01 et seq.), limited liability
companies organized under the Limited Liability Company Act (805
ILCS 180/1–1 et seq.), or registered limited liability partnerships
organized under the Uniform Partnership Act (1997)(805 ILCS 206/100 et seq.), or professional corporations, professional
associations, limited liability companies, or registered limited liability
partnerships formed under similar provisions of successor Acts to any
of the foregoing legislation or under similar statutes of other states or
jurisdictions of the United States, may engage in the practice of law
in Illinois provided that

(1) each natural person shall be licensed to practice law who
is (A) a shareholder, officer, or director of the corporation (except
the secretary of the corporation), member of the association, member ( or manager, if any) of the limited liability company, or
partner of the registered limited liability partnership, (B) a
shareholder, officer, or director of a corporation (except the
secretary of the corporation), member of an association, member
(or manager, if any) of a limited liability company, or partner of
a registered limited liability partnership that itself is a shareholder
of a corporation, member of an association, member (or manager,
if any) of a limited liability company, or partner of a registered
limited liability partnership engaged in the practice of law, or (C)
engaged in the practice of law and an employee of any such
corporation, association, limited liability company, or registered
limited liability partnership; and

(2) one or more persons shall be members of the bar of
Illinois, and engaged in the practice of law in Illinois, who are
either (A) shareholders of the corporation, members of the
association or limited liability company, or partners of the
registered limited liability partnership permitted to engage in the
practice of law in Illinois hereunder, or (B) shareholders of a
corporation, members of an association or limited liability
company, or partners in a registered limited liability partnership
permitted to engage in the practice of law in Illinois hereunder
that itself is a shareholder of the corporation, member of the
association or limited liability company, or partner of the
registered limited liability partnership permitted to engage in the
practice of law in Illinois hereunder; and

(3) the corporation, association, limited liability company, or
registered limited liability partnership shall do nothing which, if
done by an individual attorney, would violate the standards of
professional conduct applicable to attorneys licensed by this
court; and

(4) no natural person shall be permitted to practice law in
Illinois who is a shareholder, officer, director of the corporation,
member of the association, member (or manager, if any) of the
limited liability company, or partner of the registered limited
liability partnership, or an employee of the corporation,
association, limited liability company, or registered limited
liability partnership, unless that person is either a member of the
bar in Illinois or specially admitted by court order to practice in
Illinois.

(b) This rule does not diminish or change the obligation of each
attorney engaged in the practice of law in behalf of the corporation,
association, limited liability company, or registered limited liability
partnership to conduct himself or herself in accordance with the
standards of professional conduct applicable to attorneys licensed by
this court. Any attorney who by act or omission causes the
corporation, association, limited liability company, or registered
limited liability partnership to act in a way which violates standards
of professional conduct, including any provision of this rule, is
personally responsible for such act or omission and is subject to
discipline therefor. Any violation of this rule by the corporation,
association, limited liability company, or registered limited liability
partnership is a ground for the court to terminate or suspend the right
of the corporation, association, limited liability company, or
registered limited liability partnership to practice law or otherwise to
discipline it.

(c) No corporation, association, limited liability company, or
registered limited liability partnership shall engage in the practice of
law in Illinois, or open or maintain an establishment for that purpose
in Illinois, without a certificate of registration issued by this court.

(d) Unless the corporation, association, limited liability company,
or registered limited liability partnership maintains minimum
insurance or proof of financial responsibility in accordance with Rule
722, the articles of incorporation or association or organization, or the
partnership agreement, shall provide, and in any event the
shareholders of the corporation, members of the association or limited
liability company, or partners of the registered limited liability
partnership shall be deemed to agree by virtue of becoming
shareholders, members, or partners, that all shareholders, members,
or partners shall be jointly and severally liable for the acts, errors, and
omissions of the shareholders, members, or partners, and other
employees of the corporation, association, limited liability company,
or registered limited liability partnership, arising out of the
performance of professional services by the corporation, association,
limited liability company, or registered limited liability partnership
while they are shareholders, members, or partners.

(e) An application for registration shall be in writing signed by an
authorized shareholder of the corporation, member of the association
or limited liability company, or partner of the registered limited
liability partnership, and filed with the clerk of this court with a fee of
$50. The application shall contain the following:

(1) the name and street address of the corporation,
association, limited liability company, or registered limited liability
partnership in the State of Illinois;

(2) the statute under which it is formed;

(3) the names and residence addresses of the shareholders of
the corporation, members of the association or limited liability
company, or partners of the registered limited liability partnership;

(4) a statement of whether the corporation, association,
limited liability company, or registered limited liability partnership
is on a calendar or fiscal year basis and if fiscal, the closing date;

(5) a statement that each shareholder, officer, and director of
the corporation (except the secretary of the corporation), each
member of the association, each member (and each manager, if
any) of the limited liability company, or each partner of the
registered limited liability partnership is a member of the bar of
each jurisdiction in which such person practices law and that no
disciplinary action is pending against any of them; and

(6) such other information and documents as the court may
from time to time require.

(f) A certificate of registration shall continue in effect until it is
suspended or revoked, subject, however, to renewal annually on or before
January 31 of each year. The application for renewal shall contain the
information itemized in paragraph (e) of this rule and be signed by an
authorized shareholder, member, or partner and filed with the clerk
of this court with a fee of $40. No certificate is assignable.

(g) Nothing in this rule modifies the attorney-client privilege.

(h) To the extent that the provisions of this rule or Rule 722 are
inconsistent with any provisions of the Professional Service
Corporation Act, the Professional Association Act, the Limited
Liability Company Act, or the Uniform Partnership Act, such
provisions of said acts shall have no application.

As amended, Rule 721: (i) includes registered
limited liability partnerships among the kinds of entities that may engage in
the practice of law in Illinois; (ii) facilitates registration and renewal by
permitting a single authorized member of such law firms to execute the
application for registration or renewal; and (iii) clarifies that a corporation,
association, limited liability company, or registered limited liability partnership formed under the laws of this state or similar statutes of
other states or jurisdictions of the United States can itself be a
shareholder of a corporation, member of an association or limited liability
company, or partner of a registered limited liability partnership that is
registered under the rule.

(3) "Wrongful conduct" means acts, errors, or omissions in the performance of
professional services by any owners or employees of a limited liability entity
while they were affiliated with that entity.

(b) The liability, if any, of owners of a limited liability entity, for a
claim asserted against the limited liability entity or any of its owners or
employees arising out of wrongful conduct, shall be determined by the provisions
of the statute under which the limited liability entity is organized if that
entity maintains minimum insurance or proof of financial responsibility, as
follows:

(1) "Minimum insurance" means a professional liability insurance policy
applicable to a limited liability entity, and any of its owners or employees,
for wrongful conduct. Such insurance shall exist, in one or more policies, with
respect to claims asserted during an annual policy period due to alleged
wrongful conduct occurring during the policy period and the previous six years.
Such policies shall have a minimum amount of insurance of $100,000 per claim and
$250,000 annual aggregate, times the number of lawyers in the firm at the
beginning of the annual policy period, provided that the firm’s insurance need
not exceed $5,000,000 per claim and $10,000,000 annual aggregate. Evidence of
any such minimum insurance shall be provided with each application for registration or renewal
pursuant to Rule 721by means of an affidavit or a verification by
certification under section 1–109 of the Code of Civil Procedure of an
authorized shareholder, member, or partner that his or her firm maintains the
minimum insurance required by this rule. For purposes of Rules 721(d) and
722, the minimum amount of insurance required shall not be affected: (A) by any
exceptions or exclusions from coverage that are customary with respect to
lawyers professional liability insurance policies; (B) if, with respect to a
particular claim, the limited liability entity fails to maintain insurance for
wrongful conduct occurring before the annual policy period, so long as insurance
coverage in the amount specified in this rule exists with respect to the claim
in question; or (C) if, during an annual policy period, the per claim or annual
aggregate limits are exceeded by the amounts of any claims, judgments, or
settlements. If evidence of insurance is provided with a registration or renewal application
pursuant to Rule 721 and it is ultimately determined that the limited
liability entity failed to maintain minimum insurance during the period covered
by that registration or renewal, unless such failure is fraudulent or wilful the
joint and several liability of the owners for a claim arising out of wrongful
conduct shall be limited to the minimum per claim amount of insurance applicable
to the limited liability entity under this rule.

(2) Owners of a limited liability entity that has obtained minimum insurance
shall be jointly and severally liable, up to the amount of the deductible or
retention, for any claims arising out of wrongful conduct unless the limited
liability entity has also provided proof of financial responsibility in a sum no
less than the amount of the deductible or retention.

(3) "Proof of financial responsibility" means funds that are specifically
designated and segregated for the satisfaction of any judgments against a
limited liability entity, and any of its owners or employees, entered by or
registered in any court of competent jurisdiction in Illinois, arising out of
wrongful conduct. At the beginning of an annual period covered by a certificate of registration pursuant to
Rule 721, such funds shall be in a sum no less than the minimum required
annual aggregate for minimum insurance by that limited liability entity, unless
the proof of financial responsibility is provided solely to apply to the
deductible or retention pertaining to the applicable minimum insurance, in which
case the funds shall be no less than the amount of the deductible or retention.
During the annual period covered by a certificate of registration pursuant to Rule 721, such funds may be used
only to satisfy any judgments against the limited liability entity, and any of
its owners or employees, entered by or registered in any court of competent
jurisdiction in Illinois, arising out of wrongful conduct. Such funds may be in
any of the following forms: (A) deposit in trust or in bank escrow of cash, bank
certificates of deposit, or United States Treasury obligations; (B) a bank
letter of credit, or (C) a surety bond. Evidence of any such proof of financial
responsibility shall be provided with each application for registration or renewal pursuant to Rule 721by means of
an affidavit or a verification by certification under section 1–109 of the Code
of Civil Procedure of an authorized shareholder, member, or partner that his or
her firm maintains the funds required by this rule. Otherwise minimum proof
of financial responsibility remains minimum, for purposes of this rule, if the
individual or combined amount of any judgments during the annual period covered
by the certificate of registration exceeds the amount of the segregated funds.

(4) If a limited liability entity maintains minimum insurance or proof of
financial responsibility at the time that a bankruptcy case is commenced with
respect to that entity, it shall be deemed to do so with respect to claims
asserted after the commencement of the bankruptcy case.

(c) Nothing in this rule or any law under which a limited liability entity is
organized shall relieve any lawyer from personal liability for claims arising
out of acts, errors, or omissions in the performance of professional services by
the lawyer or any person under the lawyer’s direct supervision and control.

Rule 721 imposes joint and several liability on lawyers with
an ownership interest in law firms organized under statutes that purport to
limit vicarious liability, for claims arising out of the performance of
professional services by any firm lawyers or employees, unless the firm
maintains minimum insurance or proof of financial responsibility in accordance
with Rule 722. For lawyers with an ownership interest in such firms to obtain
the limited liability authorized by statute, Rule 722 imposes additional
obligations, beyond any statutory requirements, to provide sufficient
professional liability insurance or other funds to protect clients with such
claims.

Rules 721 and 722 do not reduce lawyers' liability for their
own professional conduct or that of persons under their direct supervision and
control. Nor do these rules affect lawyers' ethical responsibilities for their
own conduct, or that of their law firm or their firm's lawyers or employees,
under Rules 5.1, 5.2, or 5.3 of the Rules of Professional Conduct.

No attorney shall participate in a plan which
provides group legal services in this State unless the plan has been registered
as hereinafter set forth:

(a) The plan shall be
registered in the office of the Administrator of the Attorney Registration and
Disciplinary Commission within 15 days of the effective date of the plan on
forms supplied by the Administrator.

(b) Amendments to any plan for
group legal services and to any other documents required to be filed upon
registration of a plan, made subsequent to the registration of the plan, shall
be filed in the office of the Administrator no later than 30 days after the
adoption of the amendment.

(c) The Administrator shall
maintain an index of the plans registered pursuant to this rule. All documents
filed in compliance with this rule shall be deemed public documents and shall be
available for public inspection during normal business hours.

(d) Neither the Commission nor
the Administrator shall approve or disapprove of any plan for group legal
services or render any legal opinion regarding any plan. The registration of any
plan under this rule shall not be construed to indicate approval or disapproval
of the plan.

(e) Plans existing on the
effective date of this order shall be registered on or before June 1, 1977.

(f) Subsequent to initial
registration, all such plans shall be registered annually on or before July 1 on
forms supplied by the Administrator. Plans initially registered prior to July 1,
1977, need not be registered again until July 1, 1978.

(a) Authority of the Commission. The registration of, and disciplinary
proceedings affecting, members of the Illinois bar, and unauthorized practice of law
proceedings instituted under the authority of Rule 752(a), shall be under the
administrative supervision of an Attorney Registration and Disciplinary Commission.
Any lawyer admitted in another United States jurisdiction who provides legal
services on a temporary basis in Illinois pursuant to Rule 5.5 of the Illinois Rules of
Professional Conduct shall be subject to the administrative supervision of the
Attorney Registration and Disciplinary Commission to the same extent as a lawyer
licensed to practice law in this state. The authority granted in this paragraph to the
Attorney Registration and Disciplinary Commission related to the unauthorized
practice of law proceedings shall be independent of that granted by statute,
regulation, or other legal authority to any governmental agency, entity, or individual
to pursue action relating to the unauthorized practice of law, including but not limited
to any action by the Illinois Attorney General or State’s Attorney, or any action filed
pursuant to the Illinois Attorney Act (705 ILCS 205/1).

(b) Membership and Terms. The Commission shall consist of four members of
the Illinois bar and three nonlawyers appointed by the Supreme Court. One member
shall be designated by the court as chairperson and one member shall be designated
by the court as vice-chairperson. Unless the court specifies a shorter term, all
members shall be appointed for three-year terms and shall serve until their successors
are appointed. Any member of the Commission may be removed by the court at any
time, without cause.

(c) Compensation. None of the members of the Commission shall receive
compensation for serving as such, but all members shall be reimbursed for their
necessary expenses.

(d) Quorum. Four members of the Commission shall constitute a quorum for the
transaction of business. The concurrence of four members shall be required for all
action taken by the Commission.

(e) Duties. The Commission shall have the following duties:

(1) to appoint, with the approval of the Supreme Court, an administrator to
serve as the principal executive officer of the registration and disciplinary system.
The Administrator shall receive such compensation as the Commission
authorizes from time to time;

(2) to make rules for disciplinary and unauthorized practice of law
proceedings not inconsistent with the rules of this court;

(3) to supervise the activities of the Administrator; supervision of the
Administrator shall include review, after the fact, of representative samples of
investigative matters concluded by the Administrator without reference to the
Inquiry Board;

(4) to authorize the Administrator to hire attorneys, investigators and clerical
personnel and to set the salaries of such persons;

(5) to appoint from time to time, as it may deem appropriate, members of the
bar to serve as commissioners in addition to those provided for in Rule 753;

(6) to collect and administer the disciplinary fund provided for in Rule 756,
to collect and remit to the Lawyers’ Assistance Program Fund the fee described
in Rule 756(a)(1) and the Lawyers’ Assistance Program Act (30 ILCS
105/5.570), to collect and remit to the Lawyers Trust Fund the fee described in
Rule 756(a)(1), to collect and remit to the Supreme Court Commission on
Professionalism the fee described in Rule 756(a)(1) and, on or before April 30 of
each year, file with the court an accounting of the monies received and expended
for disciplinary activities and fees remitted to the Lawyers’ Assistance Program
Fund, the Lawyers Trust Fund, and the Supreme Court Commission on
Professionalism, and a report of such activities for the previous calendar year,
which shall be published by the court, and there shall be an independent annual
audit of the disciplinary fund as directed by the court, the expenses of which shall
be paid out of the fund;

(7) to submit an annual report to the court evaluating the effectiveness of the
registration and disciplinary system and recommending any changes it deems
desirable; and

(8) to develop a comprehensive orientation program for new members of the
Inquiry Board and implement that program.

Subject to the supervision of the Commission, the Administrator shall:

(a) On his own motion, on the recommendation of an Inquiry Board or at the
instance of an aggrieved party, investigate conduct of attorneys licensed in Illinois
and attorneys admitted in another United States jurisdiction who provide legal
services on a temporary basis in Illinois pursuant to Rule 5.5 of the Illinois Rules of
Professional Conduct,whichwhose conduct tends to defeat the administration of
justice or to bring the courts or the legal profession into disrepute, and investigate
allegations of the unauthorized practice of law, including investigations involving
disbarred lawyers and other persons, entities, or associations that are not authorized
to practice law by this court.

(b) Assist each Inquiry Board in its investigations and prosecute disciplinary
cases before the Hearing Boards, the Review Board and the court and prosecute
unauthorized practice of law proceedings pursuant to Rule 779;

(c) Employ at such compensation as may be authorized by the Commission, such
investigative, clerical and legal personnel as may be necessary for the efficient
conduct of his office;

(d) Discharge any such personnel whose performance is unsatisfactory to him;
and

(e) Maintain such records, make such reports and perform such other duties as
may be prescribed by the Commission from time to time.

(1) There shall be an Inquiry Board. It shall consist of members of the bar of
Illinois and nonlawyers appointed by the Commission to serve annual terms as
commissioners of the court. Nonlawyer members shall be appointed to the Board
in a ratio of two lawyers for each nonlawyer. The Commission may appoint as
many members of the Board as it deems necessary to carry on the work of the
Board.

(2) The Board shall inquire into and investigate matters referred to it by the
Administrator. The Board may also initiate investigations on its own motion and
may refer matters to the Administrator for investigation.

(3) After investigation and consideration, the Board shall dispose of matters
before it by voting to dismiss the charge, to close an investigation or, to file a
complaint with the Hearing Board, or to institute unauthorized practice of law
proceedings.

(4) The Board may act in panels. Each panel shall consist of two lawyers and
one nonlawyer as designated by the Commission. The Commission shall
designate one of the members of each panel as chairman. The majority of a panel
shall constitute a quorum and the concurrence of a majority shall be necessary
to a decision.

(b) Filing a Complaint. A disciplinary complaint voted by the Inquiry Board
shall be prepared by the Administrator and filed with the Hearing Board. The
complaint shall reasonably inform the attorney of the acts of misconduct he is
alleged to have committed.

(c) Hearing Board

(1) There shall be a Hearing Board. It shall consist of members of the bar of
Illinois and nonlawyers appointed by the Commission to serve annual terms as
commissioners of the court. Members shall be appointed to the Board in a ratio
of two lawyers for each nonlawyer.

(2) The Hearing Board may act in panels of not less than three members
each, as designated by the Commission. The Commission shall also designate
one of the lawyer members of each panel as chairperson. The majority of a panel
shall constitute a quorum and the concurrence of a majority shall be necessary
to a decision. In the absence of the chairperson of a panel at a hearing, the lawyer
member present shall serve as acting chairperson.

(3) The hearing panels shall conduct hearings on complaints filed with the
Board and on petitions referred to the Board. The panel shall make findings of
fact and conclusions of fact and law, together with a recommendation for
discipline, dismissal of the complaint or petition, or nondisciplinary disposition.
The Hearing Board may order that it will administer a reprimand to the
respondent in lieu of recommending disciplinary action by the court.

(4) The scheduling of matters before the Board shall be in accordance with
Commission rules.

(5) Proceedings before the Board, including discovery practice, shall be in
accordance with the Code of Civil Procedure and the rules of the supreme court
as modified by rules promulgated by the Commission pursuant to Supreme Court
Rule 751(a). Information regarding prior discipline of a respondent will not be
divulged to a hearing panel until after there has been a finding of misconduct,
unless that information would be admissible for reasons other than to show a
propensity to commit the misconduct in question.

(6) Except as otherwise expressly provided in these rules, the standard of
proof in all hearings shall be clear and convincing evidence.

(d) Review of Hearing Board Reports

(1) Review Board. There shall be a nine-member Review Board which shall
be appointed by the court. Appointments shall be for a term of three years or
until a successor is appointed. Appointments to the Review Board shall be
staggered, so that the terms of three members are scheduled to expire each year.
No member shall be appointed for more than three consecutive three-year terms.
One member shall be designated by the court as chairperson. The Review Board
shall function in panels of three, presided over by the most senior member of the
panel. The concurrence of two members of a panel shall be necessary to a
decision.

(2) Exceptions; Agreed Matters. Reports of the Hearing Board shall be
docketed with the Review Board upon the filing of a notice of exceptions by
either party. The respondent or the Administrator may file exceptions to the
report of the Hearing Board with the Review Board within 21 days of the filing
of the report in the Commission. If neither the respondent nor the Administrator
files a notice of exceptions to the Hearing Board report, and the report
recommends action by the court, the clerk of the Attorney Registration and
Disciplinary Commission shall submit the report of the Hearing Board to the
court as an agreed matter. Upon the submission of any matter as an agreed
matter, the clerk of the Commission shall give notice to the parties of that
submission. Within 21 days after submission of the report to the court, the
Administrator shall file a motion to approve and confirm the report of the
Hearing Board. No response to this motion shall be filed unless ordered by the
court on its own motion or pursuant to a motion for leave to respond. Upon
receipt of the motion to approve and confirm, the court may enter a final order
as recommended by the Hearing Board or as otherwise determined by the court,
order briefs or oral argument or both, or remand the matter with directions to the
Hearing Board or the Review Board.

(3) Action by the Review Board. The Review Board may approve the
findings of the Hearing Board, may reject or modify such findings as it
determines are against the manifest weight of the evidence, may make such
additional findings as are established by clear and convincing evidence, may
approve, reject or modify the recommendations, may remand the proceeding for
further action or may dismiss the proceeding. The Review Board may order that
it will administer a reprimand to the respondent in lieu of recommending
disciplinary action by the court. A copy of the report or order of the Review
Board shall be served on the respondent and the Administrator.

(e) Review of Review Board Reports

(1) Petition for Leave to File Exceptions. Reports or orders of the Review
Board shall be reviewed by the court only upon leave granted by the court or
upon the court’s own motion. Either party may petition the court for leave to file
exceptions to the order or report of the Review Board. The petition shall be filed
within 35 days of the filing of the order or report in the Commission. The
supreme court, or a justice thereof, on motion supported by affidavit or
verification by certification under section 1-109 of the Code of Civil Procedure
may extend the time for petitioning for leave to file exceptions, but such motions
are not favored and will be allowed only in the most extreme and compelling
circumstances. (See Rule 361.)

(2) Grounds for Petition for Leave to File Exceptions. Whether a petition for
leave to file exceptions will be granted is a matter of sound judicial discretion.
The following, while neither controlling nor fully measuring the court’s
discretion, indicate the character of the reasons which will be considered; the
general importance of the question presented; the existence of a conflict between
the report of the Review Board and prior decisions of the court; and the existence
of a substantial disparity between the discipline recommended and discipline
imposed in similar cases.

(3) Contents of Petition for Leave to File Exceptions. The petition for leave
to file exceptions shall contain, in the following order:

(a) a request for leave to file exceptions;

(b) a statement of the date upon which the report of the Review Board
was filed;

(c) a statement of the points relied upon for rejection of the report of the
Review Board;

(d) a fair and accurate statement of the facts, which shall contain the facts
necessary to an understanding of the case, without argument or comment,
with appropriate references to the record by transcript page and exhibit
number;

(e) a short argument (including appropriate authorities) stating why
review by the supreme court is warranted and why the decision of the
Review Board should be rejected; and

(f) a copy of the reports of the Hearing and Review Boards and proposed
exceptions shall be appended to the petition. The petition shall otherwise be
prepared, served, and filed in accordance with requirements for briefs as set
forth in Rule 341.

(4) Answer. The opposing party need not but may file an answer, with proof
of service, within 14 days after the expiration of the time for the filing of the
petition. The supreme court, or a justice thereof, on motion supported by
affidavit or verification by certification under section 1-109 of the Code of Civil
Procedure may extend the time for filing an answer, but such motions are not
favored and will be allowed only in the most extreme and compelling
circumstances. (See Rule 361.) An answer shall set forth reasons why the petition
should not be granted, and shall conform, to the extent appropriate, to the form
specified in this rule for the petition, omitting the first four items set forth in
paragraph (3) except to the extent that correction of the petition is considered
necessary. The answer shall otherwise be prepared, served, and filed in
accordance with the requirements for briefs as set forth in Rule 341. No reply to
the answer shall be filed.

(5) Ruling on Petition.

(a) If the court allows exceptions to an order or report of the Review
Board, it may:

(i) enter a final order as recommended by the Review Board or as
otherwise determined by the court;

(ii) enter an order remanding the matter with directions to the Hearing
Board or the Review Board; or

(iii) accept the matter for further consideration.

If the case is accepted for further consideration, the clerk of the Attorney
Registration and Disciplinary Commission shall transmit the record of the
case to the court. Either party may assert error in any ruling, action,
conclusion or recommendation of the Review Board without regard to
whether the party filed exceptions. The petition for leave to file exceptions
allowed by the court shall stand as the brief of the appellant. Remaining
briefs shall be prepared, filed, and served in compliance with Rules 341 and
343. The parties shall not be entitled to oral argument before the court as of
right. Oral argument may be requested in accordance with Rule 352.

(b) If the court denies leave to file exceptions, it may:

(i) enter a final order as recommended by the Review Board or as
otherwise determined by the court; or

(ii) enter an order remanding the matter with directions to the Hearing
Board or the Review Board.

(6) Agreed Matters. If a petition for leave to file exceptions is not timely filed
and if the report of the Review Board recommends action by the court, the clerk
of the Attorney Registration and Disciplinary Commission shall submit the report
of the Review Board together with a copy of the report of the Hearing Board to
the court as an agreed matter. Upon the submission of any matter as an agreed
matter, the clerk of the Commission shall give notice to the parties of that
submission. Within 21 days after submission of the report to the court, the
Administrator shall file a motion to approve and confirm the report of the
Review Board. No response to this motion shall be filed unless ordered by the
court on its own motion or pursuant to a motion for leave to respond. Upon
receipt of the motion to approve and confirm, the court may enter a final order
of discipline as recommended or as otherwise determined by the court, order
briefs or oral argument or both, or remand the matter with directions to the
Hearing Board or the Review Board.

(7) Finality of Review Board Decision. If exceptions are not filed and the
order or report of the Review Board does not recommend disciplinary action by
the court, the order or report of the Review Board shall be final.

(f) Duty of Respondent or Petitioner. It shall be the duty of the respondent or
petitioner who is the subject of any investigation or proceeding contemplated by
these rules to appear at any hearing at which his presence is required or requested.
Failure to comply, without good cause shown, may be considered as a separate
ground for the imposition of discipline or denial of a petition.

(a) Power to Take Evidence. The Administrator, the Inquiry Board and the
Hearing Board are empowered to take evidence of respondents, petitioners and any
other attorneys or persons who may have knowledge of the pertinent facts
concerning any matter which is the subject of an investigation or hearing.

(b) Issuance of Subpoenas. The clerk of the court shall issue a subpoena ad
testificandum or a subpoena duces tecum as provided below:

(1) upon request of the Administrator related to an investigation conducted
pursuant to Rules 752, 753, 759, 767, 779, or 780 or related to a deposition or
hearing before the Hearing Board; the Administrator may use a subpoena in an
investigation conducted pursuant to Rule 753 until such time as a complaint is
filed with the Hearing Board;

(2) upon request of the Inquiry or Hearing Board related to a proceeding
pending before the Board;

(3) upon request of the respondent or the petitioner related to a deposition or
hearing before the Hearing Board; or

(4) upon request of the Administrator related to the investigation or review
of a Client Protection Claim.; or

(5) upon the request of the Administrator in aid of a person or entity
authorized to compel a witness to appear by the laws governing lawyer discipline
or disability investigations and proceedings in another jurisdiction, for that
person or entity to compel a witness to appear in the county in Illinois in which
the witness resided, is employed, or is served with the subpoena and to give
testimony and/or produce documents, to the same extent authorized in the
discipline or disability investigation and/or proceeding of the other jurisdiction.
The person or entity seeking the issuance of a subpoena shall provide to the
Administrator proof of authority to compel the attendance of the witness under
the laws of the other jurisdiction.

(c) Fees and Costs. Respondents and petitioners shall not be entitled to a witness
fee or reimbursement for costs to comply with any subpoena issued pursuant to this
rule. All other persons shall be entitled to payment for fees, mileage and other costs
as provided by law. Such payments shall be made by the Commission for a subpoena
issued at the instance of the Administrator, the Inquiry Board or the Hearing Board.
Such payments shall be made by the respondent or the petitioner for a subpoena
issued at his instance.

(d) Judicial Review. A motion to quash a subpoena issued pursuant to this rule
shall be filed with the court. Any person who fails or refuses to comply with a
subpoena may be held in contempt of the court.

(e) Enforcement. A petition for rule to show cause why a person should not be
held in contempt for failure or refusal to comply with a subpoena issued pursuant to
this rule shall be filed with the court. Unless the court orders otherwise, the petition
shall be referred to the chief judge of the circuit court of Cook County or Sangamon
County or any other judge of those circuits designated by the chief judge. The
designated judge shall be empowered to entertain petitions, hear evidence, and enter
orders compelling compliance with subpoenas issued pursuant to this rule. When a
petition is referred to the circuit court, the following procedures should be followed:

(1) The Clerk of the Supreme Court shall forward a copy of the petition for
rule to show cause to the designated judge of the circuit court and, at the same
time, shall send notice to the party who filed the petition and all persons upon
whom the petition was served that the matter has been referred to the circuit
court. The notice shall name the judge to whom the matter has been referred and
state the courthouse at which proceedings pertaining to the petition will be heard.

(2) Any answer to the petition or other responsive pleading shall be filed with
the Clerk of the Supreme Court and a copy of such answer or other pleading shall
be delivered to the judge to whom the matter has been referred by mailing or
hand delivering the copy to the chambers of the designated judge. The proof of
service for such answer or other responsive pleading shall state that delivery to
the designated judge was made in accordance with this rule.

(3) Proceedings on the petition before the designated judge, including
scheduling of hearings and time for serving notices of hearing, shall be governed
by the rules of the circuit court in which the designated judge sits, unless
otherwise ordered by the judge.

(4) The designated judge may enter any order available to the circuit court
in the exercise of its authority to enforce subpoenas, including orders for
confinement or fines. If the judge finds an attorney in contempt for failure to
comply with a subpoena issued pursuant to this rule, in addition to entertaining
any other order, the judge may also recommend that the court suspend the
attorney from the practice of law in this State until the attorney complies with the
subpoena. Upon issuance of such a recommendation by the designated judge, the
Administrator shall file with the Clerk of the Supreme Court a petition seeking
implementation of the recommendation of suspension.

(a) Annual Registration Required. Except as hereinafter provided, every attorney admitted to practice law in this state shall register and pay an annual registration fee to the Commission on or before the first day of January. Every out-of-state attorney permitted to appear and provide legal services in a proceeding pursuant to Rule 707 shall register for each year in which the attorney has such an appearance of record in one or more proceedings. Annual registration fees and penalties paid for the year or prior years shall be deemed earned and non-refundable on and after the first day of January. Except as provided below, all fees and penalties shall be retained as a part of the disciplinary fund. The following schedule shall apply beginning with registration for 2015 and until further order of the court:

(1) No registration fee is required of an attorney admitted to the bar less than one year before the first day of January for which the registration fee is due; an attorney admitted to the bar for more than one year but less than three years before the first day of January for which the registration fee is due shall pay an annual registration fee of $121; an out-of-state attorney permitted to appear and provide legal services pursuant to Rule 707 shall pay a registration fee of $121 for each year in which the attorney’s appearance is of record in one or more such proceedings if a per-proceeding fee is required in any such proceeding under Rule 707(f); an attorney admitted to the bar for more than three years before the first day of January for which the registration fee is due shall pay an annual registration fee of $382, out of which $7 shall be remitted to the Lawyers’ Assistance Program Fund, $95 shall be remitted to the Lawyers Trust Fund, $25 shall be remitted to the Supreme Court Commission on Professionalism, and $25 shall be remitted to the Client Protection Program Trust Fund. For purposes of this rule, the time shall be computed from the date of the attorney’s initial admission to practice in any jurisdiction in the United States.

(2) An attorney in the Armed Forces of the United States shall be exempt from paying a registration fee until the first day of January following discharge.

(3) No registration fee is required of any attorney during the period he or she is serving in one of the following offices in the judicial branch:

(A) in the office of justice, judge, associate judge or magistrate of a court of the United States of America or the State of Illinois; or

(B) in the office of judicial law clerk, administrative assistant, secretary or assistant secretary to such a justice, judge, associate judge or magistrate, or in any other office included within the Supreme Court budget that assists the Supreme Court in its adjudicative responsibilities, provided that the exemption applies only if the attorney is prohibited by the terms of his or her employment from actively engaging in the practice of law.

(4) Upon written application and for good cause shown, the Administrator may excuse the payment of any registration fee in any case in which payment thereof will cause undue hardship to the attorney.

(5) An attorney may advise the Administrator in writing that he or she desires to assume inactive status and, thereafter, register as an inactive status attorney. The annual registration fee for an inactive status attorney shall be $121. Upon such registration, the attorney shall be placed upon inactive status and shall no longer be eligible to practice law or hold himself or herself out as being authorized to practice law in this state, except as is provided in paragraph (j) of this rule. An attorney who is on the master roll as an inactive status attorney may advise the Administrator in writing that he or she desires to resume the practice of law, and thereafter register as active upon payment of the registration fee required under this rule and submission of verification from the Director of MCLE that he or she has complied with MCLE requirements as set forth in Rule 790et seq. If the attorney returns from inactive status after having paid the inactive status fee for the year, the attorney shall pay the difference between the inactive status registration fee and the registration fee required under paragraphs (a)(1) through (a)(3) of this rule. Inactive status under this rule does not include inactive disability status as described in Rules 757 and 758. Any lawyer on inactive disability status is not required to pay an annual fee.

(6) An attorney may advise the Administrator in writing that he or she desires to assume retirement status and, thereafter, register as a retired attorney. Upon such registration, the attorney shall be placed upon retirement status and shall no longer be eligible to practice law or hold himself or herself out as being authorized to practice law in this state, except as is provided in paragraph (j) of this rule. The retired attorney is relieved thereafter from the annual obligation to register and pay the registration fee. A retired attorney may advise the Administrator in writing that he or she desires to register as an active or inactive status lawyer and, thereafter so register upon payment of the fee required for the current year for that registration status, plus the annual registration fee that the attorney would have been required to pay if registered as active for each of the years during which the attorney was on retirement status. If the lawyer seeks to register as active, he or she must also submit, as part of registering, verification from the Director of MCLE of the lawyer’s compliance with MCLE requirements as set forth in Rule 790 et seq.

(7) An attorney who is on voluntary inactive status pursuant to former Rule 770 who wishes to register for any year after 1999 shall file a petition for restoration under Rule 759. If the petition is granted, the attorney shall advise the Administrator in writing whether he or she wishes to register as active, inactive or retired, and shall pay the fee required for that status for the year in which the restoration order is entered. Any such attorney who petitions for restoration after December 31, 2000, shall pay a sum equal to the annual registration fees that the attorney would have been required to pay for each full year after 1999 during which the attorney remained on Rule 770 inactive status without payment of a fee.

(8) Permanent Retirement Status. An attorney may file a petition with the court requesting that he or she be placed on permanent retirement status. All of the provisions of retirement status enumerated in Rule 756(a)(6) shall apply, except that an attorney who is granted permanent retirement status may not thereafter change his or her registration designation to active or inactive status, petition for reinstatement pursuant to Rule 767, or provide pro bono services as otherwise allowed under paragraph (j) of this rule.

(A) The petition for permanent retirement status must be accompanied by a consent from the Administrator, consenting to permanent retirement status. The Administrator may consent if no prohibitions listed in subparagraph (a)(8)(B) of this rule exist. If the petition is not accompanied by a consent from the Administrator, it shall be denied.

(B) An attorney shall not be permitted to assume permanent retirement status if:

1. there is a pending investigation or proceeding against the attorney in which clear and convincing evidence has or would establish that:

a. the attorney converted funds or misappropriated funds or property of a client or third party in violation of a rule of the Illinois Rules of Professional Conduct;
b. the attorney engaged in criminal conduct that reflects adversely on the attorney’s honesty in violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct; or
c. the attorney’s conduct resulted in or is likely to result in actual prejudice (loss of money, legal rights, or valuable property rights) to a client or other person, unless restitution has been made; or

2. the attorney retains an active license to practice law in any jurisdictions other than the State of Illinois.

(C) If permanent retirement status is granted, any pending disciplinary investigation of the attorney shall be closed and any proceeding against the attorney shall be dismissed. The Administrator may resume such investigations pursuant to Commission Rule 54 and may initiate additional investigations and proceedings of the attorney as circumstances warrant. The permanently retired attorney shall notify other jurisdictions in which the he or she is licensed to practice law of his or her permanent retirement in Illinois. The permanently retired attorney may not reactivate a license to practice law or obtain a license to practice law in any other jurisdiction.

(b) The Master Roll. The Administrator shall prepare a master roll of attorneys consisting of the names of attorneys who have registered and have paid or are exempt from paying the registration fee. The Administrator shall maintain the master roll in a current status. At all times a copy of the master roll shall be on file in the office of the clerk of the court. An attorney who is not listed on the master roll is not entitled to practice law or to hold himself or herself out as authorized to practice law in this state. An attorney listed on the master roll as on inactive or retirement status shall not be entitled to practice law or to hold himself or herself out as authorized to practice law in Illinois, except as is provided in paragraph (j) of this rule.

(c) Notice of Registration. On or before the first day of November of each year the Administrator shall mail to each attorney on the master roll a notice that annual registration is required on or before the first day of January of the following year. It is the responsibility of each attorney on the master roll to notify the Administrator of any change of address within 30 days of the change. Failure to receive the notice from the Administrator shall not constitute an excuse for failure to register.

(d) Disclosure of Trust Accounts. As part of registering under this rule, each lawyer shall identify any and all accounts maintained by the lawyer during the preceding 12 months to hold property of clients or third persons in the lawyer’s possession in connection with a representation, as required under Rule 1.15(a) of the Illinois Rules of Professional Conduct, by providing the account name, account number and financial institution for each account. For each account, the lawyer shall also indicate whether each account is an IOLTA account, as defined in Rule 1.15(i)(2) of the Illinois Rules of Professional Conduct. If a lawyer does not maintain a trust account, the lawyer shall state the reason why no such account is required.

(e) Disclosure of Malpractice Insurance. As part of registering under this rule, each lawyer shall disclose whether the lawyer has malpractice insurance on the date of the registration, and if so, shall disclose the dates of coverage for the policy. The Administrator may conduct random audits to assure the accuracy of information reported. Each lawyer shall maintain, for a period of seven years from the date the coverage is reported, documentation showing the name of the insurer, the policy number, the amount of coverage and the term of the policy, and shall produce such documentation upon the Administrator’s request. The requirements of this subsection shall not apply to attorneys serving in the office of justice, judge, associate judge or magistrate as defined in subparagraph (a)(4)(3) of this rule on the date of registration.

(f) Disclosure of Voluntary Pro Bono Service. As part of registering under this rule, each lawyer shall report the approximate amount of his or her pro bono legal service and the amount of qualified monetary contributions made during the preceding 12 months.

(1) Pro bono legal service includes the delivery of legal services or the provision of training without charge or expectation of a fee, as defined in the following subparagraphs:

(a) legal services rendered to a person of limited means;
(b) legal services to charitable, religious, civic, community, governmental or educational organizations in matters designed to address the needs of persons of limited means;
(c) legal services to charitable, religious, civic, or community organizations in matters in furtherance of their organizational purposes; and
(d) training intended to benefit legal service organizations or lawyers who provide pro bono services.

In a fee case, a lawyer’s billable hours may be deemed pro bono when the client and lawyer agree that further services will be provided voluntarily. Legal services for which payment was expected, but is uncollectible, do not qualify as pro bono legal service.

(2) Pro bono legal service to persons of limited means refers not only to those persons whose household incomes are below the federal poverty standard, but also to those persons frequently referred to as the “working poor.” Lawyers providing pro bono legal service need not undertake an investigation to determine client eligibility. Rather, a good-faith determination by the lawyer of client eligibility is sufficient.

(3) Qualified monetary contribution means a financial contribution to an organization as enumerated in subparagraph (1)(b) which provides legal services to persons of limited means or which contributes financial support to such an organization.

(4) As part of the lawyer’s annual registration fee statement, the report required by subsection (f) shall be made by answering the following questions:

(a) Did you, within the past 12 months, provide any pro bono legal services as described in subparagraphs (1) through (4) below? ____ Yes ____ No

If no, are you prohibited from providing legal services because of your employment? ____ Yes ____ No

If yes, identify the approximate number of hours provided in each of the following categories where the service was provided without charge or expectation of a fee:

(1) hours of legal services to a person/persons of limited means;
(2) hours of legal services to charitable, religious, civic, community, governmental or educational organizations in matters designed to address the needs of persons of limited means;
(3) hours of legal services to charitable, religious, civic or community organizations in furtherance of their organizational purposes; and
(4) hours providing training intended to benefit legal service organizations or lawyers who provide pro bono services.

Legal services for which payment was expected, but is not collectible, do not qualify as pro bono services and should not be included.

(b) Have you made a monetary contribution to an organization which provides legal services to persons of limited means or which contributes financial support to such organization? ____ Yes ____ No

If yes, approximate amount: $_____.

(5) Information provided pursuant to this subsection (f) shall be deemed confidential pursuant to the provisions of Rule 766, but the Commission may report such information in the aggregate.

(g) Removal from the Master Roll. On February 1 of each year the Administrator shall remove from the master roll the name of any person who has not registered for that year. A lawyer will be deemed not registered for the year if the lawyer has failed to provide trust account information required by paragraph (d) of this rule or if the lawyer has failed to provide information concerning malpractice coverage required by paragraph (e) or information on voluntary pro bono service required by paragraph (f) of this rule. Any person whose name is not on the master roll and who practices law or who holds himself or herself out as being authorized to practice law in this state is engaged in the unauthorized practice of law and may also be held in contempt of the court.

(h) Reinstatement to the Master Roll. An attorney whose name has been removed from the master roll solely for failure to register and pay the registration fee may be reinstated as a matter of course upon registering and paying the registration fee prescribed for the period of his suspension, plus the sum of $25 per month for each month that such registration fee is delinquent.

(i) No Effect on Disciplinary Proceedings. The provisions of this rule pertaining to registration status shall not bar, limit or stay any disciplinary investigations or proceedings against an attorney except to the extent provided in Rule 756(a)(9)(8) regarding permanent retirement status.

(j)Pro Bono Authorization for Inactive and Retired Status Attorneys and Attorneys Admitted in Other States.

(1) Authorization to Provide Pro Bono Services. An attorney who is registered as inactive or retired under Rule 756(a)(5) or (a)(6), or an attorney who is admitted in another state and is not disbarred or otherwise suspended from practice in any jurisdiction shall be authorized to providepro bono legalservices under the following circumstances:

(a) without charge or an expectation of a fee by the attorney;
(b) to persons of limited means or to organizations, as defined in paragraph (f) of this rule; and
(c) under the auspices of a sponsoring entity, which must be a not-for-profit legal services organization, governmental entity, law school clinical program, or bar association providing pro bono legal services as defined in paragraph (f)(1) of this rule.

(2) Duties of Sponsoring Entities. In order to qualify as a sponsoring entity, an organization must submit to the Administrator an application identifying the nature of the organization as one described in section (j)(1)(c) of this rule and describing any program for providing pro bonoservices which the entity sponsors and in which attorneys covered under paragraph (j) may participate. In the application, a responsible attorney shall verify that the program will provide appropriate training and support and malpractice insurance for volunteers and that the sponsoring entity will notify the Administrator as soon as any attorney authorized to provide services under this rule has ended his or her participation in the program. The organization is required to provide malpractice insurance coverage for any attorneys participating in the program and must inform the Administrator if the organization ceases to be a sponsoring entity under this rule.

(3) Procedure for Attorneys Seeking Authorization to Provide Pro Bono Services. An attorney admitted in Illinois who is registered as inactive or retired, or an attorney who is admitted in another state but not Illinois, who seeks to provide pro bono services under this rule shall submit a statement to the Administrator so indicating, along with a verification from a sponsoring entity or entities that the attorney will be participating in a pro bono program under the auspices of that entity. An attorney who is seeking authorization based on admission in another state shall also disclose all other state admissions and whether the attorney is the subject of any disbarment or suspension orders in any jurisdiction. The attorney’s statement shall include the attorney’s agreement that he or she will participate in any training required by the sponsoring entity and that he or she will notify the Administrator within 30 days of ending his or her participation in a pro bono program. Upon receiving the attorney’s statement and the entity’s verification, the Administrator shall cause the master roll to reflect that the attorney is authorized to provide pro bono services. That authorization shall continue until the end of the calendar year in which the statement and verification are submitted, unless the lawyer or the sponsoring entity sends notice to the Administrator that the program or the lawyer’s participation in the program has ended.

(4) Renewal of Authorization.An attorney who has been authorized to provide pro bono services under this rule may renew the authorization on an annual basis by submitting a statement that he or she continues to participate in a qualifying program, along with verification from the sponsoring entity that the attorney continues to participate in such a program under the entity’s auspices and that the attorney has taken part in any training required by the program. An attorney who is seeking renewal based on admission in another state shall also affirm that the attorney is not the subject of any disbarment or suspension orders in any jurisdiction.

(5) Annual Registration for Attorneys on Retired Status. Notwithstanding the provisions of Rule 756(a)(6), a retired status attorney who seeks to provide pro bono services under this rule must register on an annual basis, but is not required to pay a registration fee.

(6) MCLE Exemption. The provisions of Rule 791 exempting attorneys from MCLE requirements by reason of being registered as inactive or retired shall apply to inactive or retired status attorneys authorized to provide pro bono services under this rule, except that such attorneys shall participate in training to the extent required by the sponsoring entity.

(7) Disciplinary Authority. Lawyers admitted in another state who are providing legal services in this jurisdiction pursuant to this paragraph are subject to this Court’s disciplinary authority and the Rules of Professional Conduct of this jurisdiction, as provided in Rule 8.5 of the Rules of Professional Conduct of 2010. Any lawyer who provides legal services pursuant to this rule shall not be considered to be engaged in the unlawful practice of law in this jurisdiction.

Rule 757. Transfer to Disability Inactive Status Upon Involuntary
Commitment or Upon Judicial Determination of Legal Disability Because of
Mental Condition

If an attorney admitted to practice in this
State has been, because of mental condition, judicially declared to be a
person under legal disability or in need of mental treatment, or has been
involuntarily committed to a hospital on such grounds, the court shall enter
an order transferring the attorney to disability inactive status until the
further order of the court.

Any disciplinary proceeding which may be
pending against the attorney shall be stayed while he is on disability
inactive status.

No attorney transferred to disability inactive
status may engage in the practice of law until restored to active status by
order of the court.

(a) Petition. If the Inquiry
Board has reason to believe that an attorney admitted to practice in this
State is incapacitated from continuing to practice law by reason of mental
infirmity, mental disorder, or addiction to drugs or intoxicants, the
Administrator shall file a petition with the Hearing Board requesting a
hearing to determine whether the attorney is incapacitated and should be
transferred to disability inactive status pending the removal of the
disability, or be permitted to continue to practice law subject to conditions
imposed by the court.

(b) Hearing and Review Procedure. The hearing and review procedure shall be the same as provided in Rule 753 for
disciplinary cases. The Administrator and the attorney may consent to a
transfer to disability inactive status under the procedure set forth in Rule
762(a).

(c) Transfer to Disability Inactive
Status. If the court determines that the attorney is incapacitated
from continuing to practice law, the court shall enter an order transferring
the attorney to disability inactive status until further order of the court.
The court may impose reasonable conditions upon an attorney's continued
practice of law warranted by the circumstances.

(d) Stay of Disciplinary Proceedings. Disciplinary proceedings pending against the attorney shall be stayed while
the attorney is on disability inactive status.

(e) Practice of Law Prohibited. No attorney transferred to disability inactive status may engage in the
practice of law until restored to active status by order of the court.

(a) Petition. An attorney transferred to disability inactive status under the provisions of Rules
757, 758 or, prior to November 1, 1999, pursuant to Rule 770 may file a petition with the court for restoration to active status. The petition must be accompanied by verification from the Director of MCLE that the attorney has complied with MCLE requirements as set forth in Rule
790 et seq. and verification from the Administrator that the attorney has reimbursed the ClientProtection Program for all payments arising from petitioner’s conduct pursuant to Rule 780(e). A copy of the petition shall be served on the Administrator, who shall have 21 days to answer the petition. If the Administrator consents or fails to file exceptions in the answer to the petition, the court may order that the petitioner be restored to active status without a hearing. If the Administrator excepts to the petition in the answer, the petition and answer shall be referred to the Hearing Board, which shall hear the matter.

(b) Hearing and Review Procedure. The hearing and review procedure shall be the same as provided in Rule 753 for disciplinary cases.

(c) Disposition. The court may impose reasonable conditions upon an attorney’s restoration to active status as may be warranted by the circumstances. A restoration ordered under this rule shall be effective seven days after entry of the court’s order allowing the petition provided that the petitioner produces to the Administrator within the seven days verification from the Director of MCLE that the attorney has complied with MCLE requirements as set forth in Rule 790 >et seq.

(d) Resumption of Disciplinary Proceedings. If an attorney is restored to active status, disciplinary proceedings pending against the attorney may be resumed.

(1) In any proceeding under Rules 757, 758, or 759 or 770, upon motion of the Administrator or the attorney, the court may order a mental or physical examination of the attorney. Such examination shall be conducted by a member of a panel of physicians chosen for their special qualifications by the Administrative Office of the Illinois Courts.

(2) The examining physician shall prepare a report of his examination, and copies of the report shall be given to the court, the Hearing Board, the Administrator, and the attorney.

(3) The Administrator, the attorney, or the Hearing Board may call the examining physician to testify. A physician so called shall be subject to cross-examination.

(4) The cost of the examination and the witness fees of the physician, if called to testify, shall be paid from the Disciplinary Fund.

(a) Notification. It is the
duty of an attorney admitted in this State who is convicted in any court of a
felony or misdemeanor to notify the Administrator of the conviction in writing
within 30 days of the entry of the judgment of conviction. The notification is
required:

(1) whether the conviction results from a plea
of guilty or of nolo contendere or from a judgment after trial; and

(2) regardless of the pendency of an appeal or
other post-conviction proceeding.

(b) Conviction of Crime Involving
Moral Turpitude. If an attorney is convicted of a crime involving
fraud or moral turpitude, the Administrator shall file a petition with the
court alleging the fact of such conviction and praying that the attorney be
suspended from the practice of law until further order of the court. A
certified copy of the judgment of conviction shall be attached to the petition
and shall be prima facie evidence of the fact that the attorney was
convicted of the crime charged. Upon receipt of the petition the court shall
issue a rule to show cause why the attorney should not be suspended from the
practice of law until the further order of the court. After consideration of
the petition and the answer to the rule to show cause, the court may enter an
order, effective immediately, suspending the attorney from the practice of law
until the further order of the court.

(c) Conviction of Crime Not Involving
Moral Turpitude. If an attorney is convicted of a crime that does not
involve fraud or moral turpitude, the Administrator shall refer the matter to
the Inquiry Board.

(d) Hearing. Where an
attorney has been convicted of a crime involving fraud or moral turpitude, a
hearing shall be conducted before the Hearing Board to determine whether the
crime warrants discipline, and, if so, the extent thereof.

(1) If the attorney has not appealed from the
conviction, the Administrator shall file a complaint with the Hearing Board
alleging the fact of the conviction.

(2) If the attorney has appealed from the
conviction, the hearing shall be delayed until completion of the appellate
process unless the attorney requests otherwise. If after the completion of the
appellate process the conviction has not been reversed, the attorney shall
notify the Administrator within 30 days of the mandate being filed in the
trial court that the conviction was affirmed. Upon becoming aware that the
conviction has been affirmed, the Administrator shall file a complaint with
the Hearing Board as described in (1) above.

(e) Time of Hearing. Hearings
pursuant to this rule shall commence within 60 days after the complaint is
filed.

(f) Proof of Conviction. In
any hearing conducted pursuant to this rule, proof of conviction is conclusive
of the attorney's guilt of the crime.

(g) Hearing and Review Procedure. The hearing and review procedure shall be the same as provided in Rule 753 for
disciplinary cases.

(a) Disbarment on Consent.
If, while any charge of misconduct is under investigation or pending against
him before the Inquiry Board, Hearing Board or Review Board, an attorney files
with the court a motion to strike his name from the roll of attorneys admitted
to practice law in this State, the clerk of the court shall immediately file
with the Administrator a copy of the motion. Within 21 days thereafter the
Administrator shall file with the court and serve upon the attorney respondent
a statement of charges which shall set forth a description of the evidence
which would be presented against the attorney respondent if the cause
proceeded to hearing and the findings of misconduct which that evidence would
support. Within 14 days after the statement of charges is filed with the
court, the attorney respondent shall file with the court his affidavit stating
that:

(1) he has received a copy of the statement of
charges;

(2) if the cause proceeded to a hearing, the
Administrator would present the evidence described in the statement of
charges, and that evidence would clearly and convincingly establish the facts
and conclusions of misconduct set forth in the statement of charges; except
that in cases where the charges are based upon a judgment of conviction of a
crime, it shall be sufficient that the attorney respondent state that if the
matter proceeded to hearing, the judgment of conviction would be offered into
evidence and would constitute conclusive evidence of his guilt of the crime
for purposes of disciplinary proceedings;

(3) his motion is freely and voluntarily made;
and

(4) he understands the nature and consequences
of his motion.

If the attorney respondent fails to file the
required affidavit within the 14-day period provided above, or in the event
the affidavit does not contain the statements required by subparagraphs (1),
(2), (3) and (4) above, the court may deny the attorney's motion to strike his
name from the roll of attorneys admitted to practice law in this State. If the
court allows the motion, the facts and conclusions of misconduct set forth in
the Administrator's statement of charges shall be deemed established and
conclusive in any future disciplinary proceedings related to the attorney,
including any proceedings under Rule 767.

(b) Other Discipline on Consent.

(1) Petition. The Administrator and
respondent may submit a proceeding to the court as an agreed matter by way of
petition to impose discipline on consent under the following circumstances:

(a) during the pendency of a proceeding before
the court; or

(b) during the pendency of a proceeding before
the Review, Hearing or Inquiry Boards and with the approval of the board
before which the proceeding is pending.

(2) Content of Petition. The petition
shall be prepared by the Administrator and shall set forth the misconduct and
a recommendation for discipline.

(3) Affidavit. Attached to the
petition shall be an affidavit executed by the attorney stating that:

(a) he has read the petition;

(b) the assertions in the petition are true
and complete;

(c) he joins in the petition freely and
voluntarily; and

(d) he understands the nature and consequences
of the petition.

The affidavit may recite any other facts which
the attorney wishes to present to the court in mitigation.

(4) Submission to Court. The
Administrator shall file the petition and affidavit with the Clerk of the
court. The Clerk shall submit the matter to the court as an agreed matter.

(5) Action on Petition. The court may
allow the petition and impose the discipline recommended in the petition.
Otherwise, the court shall deny the petition. If the petition is denied, the
proceeding will resume as if no petition had been submitted. No admission in
the petition may be used against the respondent. If the proceeding resumes
before the Inquiry or Hearing Board, the proceeding will be assigned to a
different panel of the Board.

If an attorney licensed to practice law in this StateIllinois and another Statejurisdiction is disciplined in the foreign Stateother jurisdiction, he the attorney may be subjected to the same or comparable discipline in this StateIllinois, upon proof of the order of the foreign Stateotherjurisdiction imposing the discipline. For purposes of this rule, “other jurisdiction” is defined asthe District of Columbia; a country other than the United States; a state, province, territory, orcommonwealth of the United States or another country.

The Administrator shall initiate proceedings under this rule by filing a petition with the court, to which a certified copy of the order of the foreign Stateother jurisdiction is attached, together with proof of service upon the attorney. Within 21 days after service of a copy of the petition upon him the attorney may request in writing a hearing on the petition. If the court allows the request for a hearing, the hearing shall be held before the Hearing Board no less than 14 days after notice thereof is given to the attorney respondent and the Administrator. At the hearing the attorney may be heard only on the issues as to (1) whether or not the order of the foreign Stateother jurisdiction was entered; (2) whether it applies to the attorney; (3) whether it remains in full force and effect; (4) whether the procedure in the foreign Stateother jurisdiction resulting in the order was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process of law; and (5) whether the conduct of the attorney warrants substantially less discipline in this StateIllinois.

If an attorney is suspended until further order of the Court or disbarred in this StateIllinois pursuant to this rule, the reinstatement in this StateIllinois shall be governed by the provisions of Rule 767.

Nothing in this rule shall prohibit the institution of independent disciplinary proceedings in this State against any attorney based upon his conduct in another Statejurisdiction, and, in the event the Administrator elects to proceed independently, any discipline imposed in this State shall not be limited to the discipline ordered by a foreign Statethe other jurisdiction.

Rule 764. Duties of a Disciplined Attorney
and Attorneys Affiliated with Disciplined Attorney

An attorney who is disbarred, disbarred on
consent, or suspended for six months or more shall comply with each of the
following requirements. Compliance with each requirement shall be a condition
to the reinstatement of the disciplined attorney. Failure to comply shall
constitute contempt of court.

Any and all attorneys who are affiliated with
the disciplined attorney as a partner or associate shall take reasonable
action necessary to insure that the disciplined attorney complies with the
provisions of paragraphs (a), (b), (c), (d), and (e) below. Within 35 days of
the effective date of the order of discipline, each affiliated attorney or a
representative thereof shall file with the clerk of the supreme court and
serve upon the Administrator a certification setting forth in detail the
actions taken to insure compliance with paragraphs (a), (b), (c), (d), and (e)
below.

(a) Maintenance of Records. The disciplined attorney shall maintain:

(1) files, documents, and other records
relating to any matter which was the subject of a disciplinary investigation
or proceeding;

(2) files, documents, and other records
relating to any and all terminated matters in which the disciplined attorney
represented a client at any time prior to the imposition of discipline;

(3) files, documents, and other records of
pending matters in which the disciplined attorney had some responsibility on
the date of, or represented a client during the year prior to, the imposition
of discipline;

(4) all financial records related to the
disciplined attorney's practice of law during the seven years preceding the
imposition of discipline, including but not limited to bank statements, time
and billing records, checks, check stubs, journals, ledgers, audits, financial
statements, tax returns and tax reports; and

(5) all records related to compliance with
this rule.

(b) Withdrawal from Law Office and
Removal of Indicia as Lawyer. Upon entry of the final order of
discipline, the disciplined attorney shall not maintain a presence or occupy
an office where the practice of law is conducted. The disciplined attorney
shall take such action necessary to cause the removal of any indicia of the
disciplined attorney as lawyer, counsellor at law, legal assistant, legal
clerk, or similar title.

(c) Notification to Clients. Within 21 days after the entry of the final order of discipline, the
disciplined attorney shall notify, by certified mail, return receipt
requested, all clients whom the disciplined attorney represented on the date
of the imposition of discipline, of the following:

(1) the action taken by the supreme court;

(2) that the disciplined attorney may not
continue to represent them during the period of discipline;

(3) that they have the right to retain another
attorney; and

(4) that their files, documents, and other
records are available to them, designating the place where they are available.

(d) List of Clients. Within
21 days after the effective date of an order of discipline, the disciplined
attorney shall file with the clerk of the supreme court and serve upon the
Administrator an alphabetical list of the names, addresses, telephone numbers
and file numbers of all clients whom the disciplined attorney represented on
the date of, or during the year prior to, the imposition of discipline. At the
same time, the disciplined attorney shall serve upon the Administrator a copy
of each notification served pursuant to paragraph (c) above.

(e) Notification to Courts. Within 21 days of the effective date of the order of discipline, the
disciplined attorney shall file a notice before the court in all pending
matters in which the disciplined attorney is counsel of record and request
withdrawal of his appearance. The notice shall advise the court of the action
taken by the supreme court. The notice shall be served upon the disciplined
attorney's former client and all other parties who have entered an appearance.

(f) Notification to Others. Within 21 days of the effective date of the order of discipline, the
disciplined attorney shall, by certified mail, return receipt requested,
notify the following of the action taken by the supreme court and his
inability, during the period of discipline, to practice law in the State of
Illinois:

(1) all attorneys with whom the disciplined
attorney was associated in the practice of law on the effective date of the
order of discipline;

(2) all attorneys of record in matters in
which the disciplined attorney represented a client on the effective date of
the order of discipline;

(3) all parties not represented by an attorney
in matters in which the disciplined attorney represented a client on the
effective date of the order of discipline;

(4) all other jurisdictions in which the
disciplined attorney is licensed to practice law; and

(5) all governmental agencies before which the
disciplined attorney is entitled to represent a person.

(g) Affidavit of Disciplined Attorney. Within 35 days after the effective date of an order of discipline, the
disciplined attorney shall file with the clerk of the supreme court and serve
upon the Administrator an affidavit stating:

(1) the action the disciplined attorney has
taken to comply with the order of discipline;

(2) the action the disciplined attorney has
taken to comply with this rule;

(3) the arrangements made to maintain the
files and other records specified in paragraph (a) above;

(4) the address and telephone number at which
subsequent communications may be directed to him; and

(5) the identity and address of all other
State, Federal, and administrative jurisdictions to which the disciplined
attorney is admitted to practice law.

(h) Compensation Arising from Former
Law Practice. Provided that the disciplined attorney complies with
the provisions of this rule, the disciplined attorney may receive compensation
on a quantum meruit basis for legal services rendered prior to the
effective date of the order of discipline. The disciplined attorney may not
receive any compensation related to the referral of a legal matter to an
attorney or attributed to the "good will" of his former law office.

(1) Matters in which Legal Proceedings
Instituted. The disciplined attorney shall not receive any compensation
regarding a matter in which a legal proceeding was instituted at any time
prior to the imposition of discipline without first receiving approval of the
tribunal.

(2) Other Aspects of Former Law Office. The disciplined attorney shall not receive any compensation related to any
agreement, sale, assignment or transfer of any aspect of the disciplined
attorney's former law office without first receiving the approval of the
supreme court. Prior to entering into any such transaction, the disciplined
attorney shall file a petition in the supreme court and serve a copy upon the
Administrator. The petition shall disclose fully the transaction contemplated,
shall attach any and all related proposed agreements and documents, and shall
request approval of the transaction. The Administrator shall answer or
otherwise plead to the petition within 28 days of service of the petition on
the Administrator. If the supreme court determines that an evidentiary hearing
is necessary, it may refer the matter to the circuit court for hearing.

(i) Change of Address or Telephone
Number. Within 35 days of any change of the disciplined attorney's
address or telephone number during the period of discipline, the disciplined
attorney shall notify the Administrator of the change.

(j) Modification of Requirements. On its own motion or at the request of the Administrator or respondent, the
supreme court may modify any of the above requirements.

(a) Method of Service.
Service of any notice, complaint, petition, subpoena, pleading or document in
proceedings under these rules may be made in any manner authorized by the Code
of Civil Procedure or rules of this court or by delivery of any such notice,
complaint, petition, subpoena, pleading, or document to the address listed on
the master roll for the attorney.

(b) Substitute Service. The
failure of any attorney to provide the Administrator with a registration
address shall be deemed an appointment by such attorney of the clerk of the
Illinois Supreme Court to be the attorney's agent upon whom may be served any
notice, complaint, petition, subpoena, pleading or other document under these
rules. Service upon the clerk may be made by filing the document with the
clerk of the supreme court, together with an affidavit setting forth facts
showing that, upon inquiry as full as circumstances permit, the attorney
cannot be located, and by mailing the documents by certified mail, proper
postage prepaid, return receipt requested, to the last known address of the
attorney.

In 1990, Rule 765 was revised to
provide for service of notices, pleadings and other documents by lawful means
other than personal service on an attorney, and for appointment of the clerk
of the supreme court as the agent of any attorney who fails to provide the
Administrator with a registration address.

These revisions will reduce the
expenses incurred in personally serving hundreds of documents, such as
notices, complaints, petitions, subpoenas and rules to show cause, and the
delays which result from locating and perfecting service on attorneys who
attempt to avoid service. Because the revised rule allows for service to be
perfected by delivery of an item to a registration address, resources
presently committed to serving recalcitrant attorneys could be devoted to
conducting investigations and reducing unnecessary delay in processing
charges.

Additionally, the revised rule allows
for service to be obtained on attorneys who fail to register or who fail to
give the Administrator a registration address by filing documents with the
clerk of the supreme court. The revision is modeled, in part, on the Illinois
Vehicle Code, which provides that use of a vehicle on Illinois roads
constitutes consent to the appointment of the Secretary of State as an agent
for the service of process (see Ill. Rev. Stat. 1989, ch. 95½, par. 10--301),
and in part on similar rules in use in Indiana and Ohio (Indiana Admission and
Discipline Rule 23, §12; Ohio Grievance Rule 5; see Matter of Carmody (Ind. 1987), 513 N.E.2d 649; Columbus Bar Association v. Gross (1982), 2 Ohio St. 3d 5, 441 N.E.2d 570; see also Bell Federal Savings &
Loan Association v. Horton (1978), 59 Ill. App. 3d 923, 376 N.E.2d 1029).

(a) Public Proceedings. Proceedings under Rules 751 through 780
shall be public with the exception of the following matters, which shall be
private and confidential:

(1) investigations conducted by the Administrator;

(2) proceedings before the Inquiry Board;

(3) proceedings pursuant to Rule 753 before the Hearing Board
prior to the service of a complaint upon the respondent;

(4) information pursuant to which a board or the court has issued
a protective order;

(5) deliberations of the Hearing Board, the Review Board and the
court;

(6) proceedings before the Hearing and Review Boards pursuant to
Rule 758;

(7) proceedings pursuant to Rule 760;

(8) deliberations of the Commission and minutes of Commission
meetings;

(9) deliberations related to a claim submitted under the Client
Protection Program; and

(10) information concerning trust accounts provided by lawyers as
part of the annual registration pursuant to Rule 756(d); and

(11) information concerning pro bono services and monetary
contributions in support of pro bono services provided by lawyers as
part of the annual registration pursuant to Rule 756(f).

(b) Disclosures of Confidential Information.

(1) Public Information of Misconduct. Where there is public
information of allegations which, if true, could result in discipline, the
Administrator, with the approval of the court or a member thereof, and
in the interest of the public and the legal profession, may disclose
whether the matter is being investigated.

(2) Disclosures in the Interests of Justice. In the interests of justice
and on such terms as it deems appropriate the court or a member
thereof may authorize the Administrator to produce, disclose, release,
inform, report or testify to any information, reports, investigations,
documents, evidence or transcripts in the Administrator’s possession.

(3) Referral to Lawyers’ Assistance Program. When an
investigation by the Administrator reveals reasonable cause to believe
that a respondent is or may be addicted to alcohol or other chemicals,
is or may be abusing the use of alcohol or other chemicals, or is or may
be experiencing a mental health condition or other problem that is
impairing the respondent’s ability to practice law, the information
giving rise to this belief may be communicated to the Lawyers’
Assistance Programs, Inc., or comparable organization designed to
assist lawyers with substance abuse or mental health problems.

(a) Petition. An attorney who
has been disbarred, disbarred on consent or suspended until further order of
the court may file his verified petition with the clerk of the court seeking
to be reinstated to the roll of attorneys admitted to practice law in this
State. No petition shall be filed within a period of five years after the date
of an order of disbarment, three years after the date of an order allowing
disbarment on consent, two years after the date of an order denying a petition
for reinstatement, or one year after an order allowing the petition for
reinstatement to be withdrawn. No petition for reinstatement shall be filed by
an attorney suspended for a specified period and until further order of the
court, until the specified period of time has elapsed. The petition shall
include the information specified by Commission rule.

(b) Presentation of Petition. An attorney who has been disbarred, disbarred on consent or suspended until
further order of the court may present to the Administrator a copy of the
petition he proposes to file with the clerk within 120 days prior to the date
on which the petition may be filed.

(c) Costs. The petition shall be accompanied by a receipt showing
payment to the Commission of a $500 deposit to be applied against the costs,
as defined in Rule 773, necessary to the investigation, hearing and review of
the petition. If the costs exceed the amount of the deposit, the petitioner
shall pay the excess at the conclusion of the matter pursuant to the
procedures of Rule 773. If the deposit exceeds the costs, the excess shall
be refunded to the petitioner.

(d) Notice of Petition. The
Administrator shall give notice to the following:

(1) the chief judge of each circuit in which
the petitioner maintained an office or engaged in the practice of law; and

(2) the president of each local or county bar
association in each county in which the petitioner maintained an office or
engaged in the practice of law.

(e) Form of Notice. The
notice shall be in substantially the following form:

NOTICE OF PETITION FOR

REINSTATEMENT AS ATTORNEY

____________________, who was licensed to
practice law in the State of Illinois on __________________________ and who
was (suspended from the practice of law on ________________________)
(disbarred on _________________________), has filed (has stated his intention
to file) in the Supreme Court of Illinois a petition for readmission to the
practice of law in Illinois. A hearing on that petition will be held.

Any person desiring to be heard or having
relevant information may communicate with the Administrator of the Attorney
Registration and Disciplinary Commission at (insert address and telephone
number of Administrator's office concerned).

(f) Factors to Be Considered. The petition shall be referred to a hearing panel. The panel shall consider
the following factors, and such other factors as the panel deems appropriate,
in determining the petitioner's rehabilitation, present good character and
current knowledge of the law:

(1) the nature of the misconduct for which the
petitioner was disciplined;

(2) the maturity and experience of the
petitioner at the time discipline was imposed;

(3) whether the petitioner recognizes the
nature and seriousness of the misconduct;

(4) when applicable, whether petitioner has
made restitution;

(5) the petitioner's conduct since discipline
was imposed; and

(6) the petitioner's candor and forthrightness
in presenting evidence in support of the petition.

(g) Report of Hearing Panel. The hearing panel shall make a report of its findings and recommendations. A
copy of the report shall be served upon the petitioner and upon the
Administrator.

(h) Hearing and Review Procedure. The hearing and review procedure shall be the same as provided in Rule 753 for
disciplinary cases.

Upon the date on which an order of this court disbarring or suspending an attorney, or transferring him to disability inactive status becomes final, the clerk shall forthwith mail a copy of the order to the attorney, the presiding judge of each of the Illinois Appellate Court Districts, the chief judge of each of the judicial circuits of Illinois, the chief judge of each of the United States district courts in Illinois, and the chief judge of the United States Court of Appeals for the Seventh Circuit. The Administrator shall forthwith provide a copy of the order to each otherjurisdiction in which the attorney is known to be licensed to practice law and to the NationalRegulatory Data Bank administered by the American Bar Association.

It shall be the duty of every attorney to maintain originals, copies or
computer-generated images of the following:

(1) records which identify the name and last
known address of each of the attorney's clients and which reflect whether the
representation of the client is ongoing or concluded; and

(2) all financial records related to the
attorney's practice, for a period of not less than seven years, including but
not limited to bank statements, time and billing records, checks, check stubs,
journals, ledgers, audits, financial statements, tax returns and tax reports.

This amendment gives attorneys the option of
maintaining records in forms that save space and reduce cost without
increasing the risk of premature destruction. For example, CDs and DVDs have a
normal life exceeding seven years, so an attorney might use them to maintain
financial records. At present, however, floppy disks, tapes, hard drives, zip
drives, and other magnetic media have insufficient normal life to meet the
requirements of this rule.

Conduct of attorneys which violates the Code of Professional
ResponsibilityRules of Professional Conduct contained in
article VIII of these rules or which tends to defeat the administration of
justice or to bring the courts or the legal profession into disrepute shall be
grounds for discipline by the court. Discipline of attorneys may be:

(a) disbarment;

(b) disbarment on consent;

(c) suspension for a specified period and until further order of court;

(d) suspension for a specified period of time;

(e) suspension until further order of the court;

(f) suspension for a specified period of time or until further order of the
court with probation;

(a) Finality. All orders imposing discipline pursuant to these rules,
except orders entered in cases that were accepted by the court for further
consideration pursuant to Rule 753(e)(5)(a)(iii), are final when filed by the
clerk of the court, and the mandates in all such cases shall issue at the time
the orders are filed. No petition for rehearing pursuant to Rule 367 may be
filed in such a case, nor will any motion or other paper submitted after an
order is filed automatically stay or recall the court’s mandate. The finality
of orders imposing discipline entered in cases accepted by the court for
further consideration pursuant to Rule 753(e)(5)(a)(iii) shall be governed by
Rules 367 and 368.

(b) Effective Date. Unless otherwise ordered by the court or unless
governed by Rules 367 and 368, all orders of discipline are effective when
filed by the clerk of the court, except that orders of suspension for a
specified period of time which do not continue until further order of court or
any orders of suspension which are stayed, in part, by a period of probation
become effective 21 days after the date they are filed by the clerk of the
court.

(c) Interim Suspension. Unless otherwise ordered by the court, all
interim suspension orders imposed under Rule 761 or Rule 774 and all
subsequent disciplinary orders entered while the lawyer is on interim
suspension are effective when filed by the clerk of the court.

Adopted March 23, 2004, effective April 1, 2004.

Commentary
(March 23, 2004)

Effective April 1, 2004, a new Rule 771 ("Finality of Orders
and Effective Date of Discipline") was adopted and the former Rule 771 ("Types
of Discipline") was renumbered as Rule 770.

(a) Qualifications. The court
may order that an attorney be placed on probation if the attorney has
demonstrated that he:

(1) can perform legal services and the
continued practice of law will not cause the courts or profession to fall into
disrepute;

(2) is unlikely to harm the public during the
period of rehabilitation and the necessary conditions of probation can be
adequately supervised;

(3) has a disability which is temporary or
minor and does not require treatment and transfer to disability inactive
status; and

(4) is not guilty of acts warranting
disbarment.

Probation shall be ordered for a specified
period of time or until further order of the court in conjunction with a
suspension which may be stayed in whole or in part.

(b) Conditions. The order
placing an attorney on probation shall state the conditions of probation. The
conditions shall take into consideration the nature and circumstances of the
misconduct and the history, character and condition of the attorney. The
following conditions, and such others as the court deems appropriate, may be
imposed:

(1) periodic reports to the Administrator;

(2) supervision over trust accounts as the
court may direct;

(3) satisfactory completion of a course of
study;

(4) successful completion of the multistate
Professional Responsibility Examination;

(5) restitution;

(6) compliance with income tax laws and
verification of such to the Administrator;

(7) limitations on practice;

(8) psychological counseling and treatment;

(9) the abstinence from alcohol or drugs; and

(10) the payment of disciplinary costs.

(c) Administration. The
Administrator shall be responsible for the supervision of attorneys placed on
probation. Where appropriate, he may recommend to the court modification of
the conditions and shall report to the court the probationer's failure to
comply with the conditions of probation. Upon a showing of failure to comply
with the conditions of probation, the court shall issue a rule to show cause
why probation should not be revoked and the stay of suspension vacated.

(a) Costs Defined. Costs may
include the following expenses reasonably and necessarily incurred by the
administrator in connection with the matter: witness fees; duplication of
documents necessary to the prosecution of the case; travel expenses of
witnesses; bank charges for producing records; expenses incurred in the
physical or mental examination of a respondent attorney; fees of expert
witnesses; and court reporting expenses except the cost of transcripts of
proceedings before the hearing board or review board where the administrator
takes exception to the findings and recommendation of the hearing board or
review board, which shall be paid by the administrator unless the
administrator prevails, at least in part, before the reviewing board or this
court, in which case the administrator may include the transcript costs in the
statement of costs subject to the limitations of section (c) of this rule.
If both the administrator and respondent take exception to the findings and
recommendation of the hearing panel or review board, the cost of the
transcript may be taxed to the nonprevailing party. If the administrator
and the respondent each prevail in part, the respondent may include the costs
of transcripts in the statement of costs, subject to the limitations of
section (c) of this rule.

(b) Duty of Respondent. It is
the duty of a respondent to reimburse the Commission for costs not to exceed
$1,000 and for such additional amounts as the court may order on the motion of
the Administrator for good cause shown, which may include (1) costs incurred
in the investigation, hearing and review of matters brought pursuant to
article VII of these rules which result in the imposition of discipline, (2)
costs involved in the investigation of alleged violations of the terms and
conditions of any such disciplinary order, when such violations are later
proved, (3) costs involved in any proceedings for the enforcement of any rule,
judgment or order of this court which was made necessary by any act or
omission on the part of the respondent, (4) costs incurred to compel the
appearance of respondent and to transcribe respondent's testimony when the
appearance followed respondent's failure to comply with a request from the
Inquiry Board or Administrator to provide information concerning a matter
under investigation, and (5) costs incurred to obtain copies of records from a
financial institution, when the institution's production of the records
followed respondent's failure to comply with a request from the Inquiry Board
or the Administrator to provide those records.

(c) Statement of Costs. After
the imposition of discipline by the court, the Administrator shall prepare an
itemized statement of costs, not to exceed $1,000, which shall be made a part
of the record. A copy of the statement shall be served on the respondent.
The Administrator may petition the court for costs reasonably and necessarily
incurred by the administrator in excess of $1,000, which may be allowed for
good cause shown. Costs up to $1,000 shall be paid by the respondent
within 30 days of service of the statement. Costs in excess of $1,000
shall be paid by the respondent within 30 days of the order allowing the
petition for excess costs.

(d) Assessment of Costs. If
the respondent contests the amount of the costs or fails to pay the costs
within 30 days of service of the statement or order allowing excess costs, the
Administrator may petition the court for an order and judgment assessing costs
against the respondent and directing the respondent to pay the costs, in full
or in part, to the Commission. Costs shall be paid by the respondent attorney
within 30 days after the entry of the order and judgment assessing costs.
Proceedings for the collection of costs assessed against the respondent
attorney may be initiated by the Administrator on the order and judgment
entered by the court. A petition for reinstatement pursuant to Rule 767 must
be accompanied by a receipt verifying payment ofany costs imposed in
connection with prior disciplinary proceedings involving the petitioner.

(a) Grounds for Suspension. During the pendency of a criminal indictment, criminal information,
disciplinary proceeding or disciplinary investigation, the court on its own
motion, or on the Administrator's petition for a rule to show cause, may
suspend an attorney from the practice of law until further order of the court.
The petition shall allege:

(1) the attorney-respondent has been formally
charged with the commission of a crime which involves moral turpitude or
reflects adversely upon his fitness to practice law, and there appears to be
persuasive evidence to support the charge; or

(2) a complaint has been voted by the Inquiry
Board; the attorney-respondent has committed a violation of the Rules of
Professional Conduct which involves fraud or moral turpitude or threatens
irreparable injury to the public, his or her clients, or to the orderly
administration of justice; and there appears to be persuasive evidence to
support the charge.

(b) Form and Service of Petition. The petition shall be verified or supported by affidavit or other evidence and
shall be filed with the clerk. The petition shall be served personally upon
the respondent. If the respondent is unavailable or respondent's whereabouts
is unknown, the respondent shall be served by mailing a copy of the petition
by ordinary mail to respondent's last address shown on the master roll.

(c) Suspension Order and Conditions of
Suspension. The court may make such orders and impose such conditions
of the interim suspension as it deems necessary to protect the interests of
the public and the orderly administration of justice, including but not
limited to:

Any person who submits a claim to the Client Protection Program or who
communicates a complaint concerning an attorney or allegations regarding the
unauthorized practice of law to the Attorney Registration and Disciplinary
Commission, or its administrators, staff, investigators or any member of its boards,
shall be immune from all civil liability which, except for this rule, might result from
such communications or complaint. The grant of immunity provided by this rule
shall apply only to those communications made by such persons to the Attorney
Registration and Disciplinary Commission, its administrators, staff, investigators and
members of its boards.

(a) Appointment of Receiver. Where it comes to the attention of the circuit court in any judicial circuit
from any source that a lawyer in the circuit is unable properly to discharge
his responsibilities to his clients due to disability, disappearance or death,
and that no partner, associate, executor or other responsible party capable of
conducting the lawyer's affairs is known to exist, then, upon such showing,
the presiding judge in the judicial circuit in which the lawyer maintained his
practice, or the supreme court, may appoint an attorney from the same judicial
circuit to serve as a receiver to perform certain duties hereafter enumerated.
Notice of such appointment shall be made promptly to the Administrator of the
Attorney Registration and Disciplinary Commission either at his Chicago or
Springfield office, as appropriate. A copy of said notice shall be served on
the affected attorney at his or her last known residence.

(b) Duties of the Receiver. As expeditiously as possible, the receiver shall take custody of and make an
inventory of the lawyer's files, notify the lawyer's clients in all pending
cases as to the lawyer's disability, or inability to continue legal
representation, and recommend prompt substitution of attorneys, take
appropriate steps to sequester client funds of the lawyer, and to take
whatever other action is indicated to protect the interests of the attorney,
his clients, or other affected parties. A copy of the appointing order shall
be served on the affected attorney at his or her last known residence address.

(1) The attorney appointed to serve as
receiver shall be designated from among members of the bar from the same
judicial circuit who are not representing any party who is adverse to any
known client of the disabled, absent or deceased lawyer, and who have no
adverse interest or relationship with that lawyer or his estate which would
affect the receiver's ability to perform the duties above enumerated.

(2) An attorney appointed as receiver may
decline the appointment for personal or professional reasons. If no available
members of the bar from the same judicial circuit can properly serve as
receiver as a result of personal or professional obligations, the
Administrator of the Attorney Registration and Disciplinary Commission shall
be appointed to serve as receiver.

(3) Any objections by or on behalf of the
disabled, absent, or deceased lawyer, or any other interested party to the
appointment of or conduct by the receiver shall be raised and heard in the
appointing court prior to or during the pendency of the receivership.

(c) Effect of Appointment of Receiver. Where appropriate, a receiver appointed by the court pursuant to this rule may
apply to the court for a stay of any applicable statute of limitation, or
limitation on time for appeal, or to vacate or obtain relief from any
judgment, for a period not to exceed 60 days. An application to the court
setting forth reasons for such application shall constitute a pleading
sufficient to toll any limitations period. For good cause shown, such stay may
be extended for an additional 30 days.

(d) Liability of Receiver. A
receiver appointed pursuant to this rule shall:

(1) not be regarded as having an
attorney-client relationship with the clients of the disabled, absent or
deceased lawyer, except that the receiver shall be bound by the obligations of
confidentiality imposed by the Rules of Professional Conduct with respect to
information acquired as receiver;

(2) have no liability to the clients of the
disabled, absent or deceased lawyer except for injury to such clients caused
by intentional, willful or gross neglect of duties as receiver; and

(3) except as herein provided, be immune to
separate suit brought by or on behalf of the disabled, absent, or deceased
lawyer.

(e) Compensation of the Receiver.

(1) The receiver shall normally serve without
compensation.

(2) On application by the receiver, with
notice to the Administrator of the Attorney Registration and Disciplinary
Commission, and upon showing by the receiver that the nature of the
receivership was extraordinary and that failure to award compensation would
work substantial hardship on the receiver, the court may award reasonable
compensation to the receiver to be paid out of the Disciplinary Fund, or any
other fund that may be designated by the supreme court. In such event,
compensation shall be awarded only to the extent that the efforts of the
receiver have exceeded those normally required in an amount to be determined
by the court.

(f) Termination of Receivership. Upon completion of the receiver's duties as above enumerated, he shall file
with the appointing court a final report with a copy thereof served upon the
Administrator of the Attorney Registration and Disciplinary Commission.

(a) Supervision and Control of Foreign Legal Consultants. The registration of, and disciplinary proceedings affecting, persons who are licensed (pursuant to Rule 712) to practice as foreign legal consultants shall be subject to the supreme court rules (Rule 751 et seq.) and to the rules of the Attorney Registration and Disciplinary Commission relating to the registration and discipline of attorneys. As used in those rules, the terms “attorney” and “attorney and counselor at law” shall include foreign legal consultants except to the extent that those rules concern matters unrelated to the permissible activities of foreign legal consultants.

(b) Issuance of Subpoenas by Clerk Relating to Investigation of Foreign Legal Consultants. Upon application by the Administrator or an Inquiry Board, disclosing that the Administrator or Inquiry Board is conducting an investigation of either professional misconduct on the part of a foreign legal consultant or the unlawful practice of law by a foreign legal consultant, or of a Hearing Board that it is conducting a hearing relating thereto, or upon application by a respondent, the clerk of this court shall be empowered to issue subpoenas for the attendance of witnesses and the production of books and papers before the Administrator or Inquiry Board or Hearing Board.

(c) Issuance of Subpoenas by Clerk Relating to Investigation of Wrongfully Representing Himself as a Foreign Legal Consultant. Upon application by the Administrator or an Inquiry Board disclosing that it has reason to believe that a person, firm or corporation other than a foreign legal consultant is unlawfully practicing or assuming to practice law as a foreign legal consultant and that it is conducting an investigation thereof, or of a Hearing Board that it is conducting a hearing relating thereto, or upon application by any respondent, the clerk of this court shall be empowered to issue subpoenas for the attendance of witnesses and production of books and papers before the Administrator or Inquiry Board or Hearing Board.

(d) Taking Evidence. The Administrator or Inquiry Board conducting an investigation and any Hearing Board conducting a hearing pursuant to this rule is empowered to take and transcribe the evidence of witnesses, who shall be sworn by any person authorized by law to administer oaths.

(e) Disciplinary Procedure. Disciplinary proceedings and proceedings under Rules 757, 758, or 759 or 770 against any foreign legal consultant shall be initiated and conducted in the manner and by the same agencies as prescribed by law for such proceedings against those admitted as attorneys.

(a) Retention of Records. The Administrator is permitted to retain the record of
investigation for all matters resulting in the imposition of discipline as defined by
Rule 770 , for investigations which have been stayed or deferred by the transfer of
the attorney to disability inactive status, or for investigations that have resulted in the
filing of unauthorized practice of law proceedings.

(b) Expungement. The Administrator shall expunge the record of an
investigation concluded by dismissal or closure by the Administrator or Inquiry
Board three years after the disposition of the investigation, unless deferral of
expunction is warranted under paragraph (c). Expungement shall consist of the
Administrator’s destruction of the investigative file and other related materials
maintained by the Administrator relating to the attorney, including any computer
record identifying the attorney as a subject of an investigation.

(c) Deferral of Expungement of Investigative Materials. Expungement of an
investigative file and all related materials under paragraph (b) shall be deferred until
the passage of three years from the later of the following events:

(1) the conclusion of any pending disciplinary or disability proceeding related
to the attorney before the Hearing or Review Boards or the Court; or

(2) the termination of any previously imposed sanction (including suspension,
disbarment or probation) or the restoration of the attorney from disability inactive
to active status.; or

(3) the termination of any permanent retirement status related to the attorney.

(a) Proceedings against Suspended Illinois Lawyers and Out of State
Lawyers. Unauthorized practice of law proceedings authorized by the Inquiry Board
against an Illinois attorney who is suspended or against a lawyer licensed in another
jurisdiction in the United States shall be instituted by the Administrator by the filing
of a disciplinary complaint before the Hearing Board, and the hearing and review
procedure shall be governed by Rule 753.

(b) Proceedings Against Disbarred Illinois Lawyers and Unlicensed Persons.
Unauthorized practice of law proceedings authorized by the Inquiry Board against
an Illinois attorney who is disbarred or disbarred on consent or against a person,
entity or association that is not licensed to practice law in any other United States’
jurisdiction may be brought by the Administrator as civil and/or contempt actions
pursuant to the rules of this court, its inherent authority over the practice of law, or
other laws of the State related to the unauthorized practice of law. Proceedings shall
be commenced in the circuit court for the circuit in which venue would be proper
under the Code of Civil Procedure (735 ILCS 5/2-101 et seq.), unless venue is fixed
by a specific law governing the proceedings, in which case that venue provision
controls. The circuit court is authorized to enter a final judgment disposing of the
case. Appeals from that judgment are governed by Rule 301 of this court.

(a) There is established under the auspices of the Attorney Registration and Disciplinary Commission a Client Protection Program to reimburse claimants from the Client Protection Program Trust Fund for losses caused by dishonest conduct committed by lawyers admitted topractice law in the State of Illinois:

(1) caused by dishonest conduct committed by lawyers admitted to practice law in the

State of Illinois; or

(2) involving unearned, unrefunded fees paid to lawyers admitted to practice law in the State of Illinois who later died or were transferred to disability inactive status.

(b) The purpose of the Client Protection Program is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses, asdefined in Rule 780(a),caused by the dishonest conduct of lawyers admitted and licensed topractice law in the courts of the State of Illinois occurring in the course of a lawyer-client or fiduciary relationship between the lawyer and the claimant.

(c) Reimbursements of losses by the pProgram shall be within the sole discretion of the Commission, and not a matter of right. No person shall have a right in the Program as a third- party beneficiary or otherwise, either before or after the allowance of a claim. The determination of the Commission shall be final and shall not be subject to judicial review.

(d) The Client Protection Program shall be funded by an annual assessment as provided in rule 756. The Commission shall establish by rule the maximum amount which any one claimant may recover from the pProgram and may establish the aggregate maximum which may be recovered because of the conduct of any one attorneylawyer.

(e) A lawyer whose dishonest conductwho is the subject of a claim that results in reimbursement to a claimant shall be liable to the Program for restitution. Disciplinary orders imposing suspension or probation shall include a provision requiring the disciplined attorneylawyer to reimburse the Client Protection Program Trust Fund for any Client Protection payments arising from his or her conduct prior to the termination of the period of suspension or probation. Prior to filing a petition for reinstatement or restoration to active practice, a petitioner
shall reimburse the Client Protection Program Trust Fund for all Client Protection payments arising from petitioner's conduct. The petition must be accompanied by a statement from the Administrator indicating that all such payments have been made.

(f) The Commission may make rules related to the investigation and consideration of a Client Protection Program claim.

The public contemplates that attorneys will maintain
certain standards of professional competence throughout their careers in the
practice of law. The following rules regarding Minimum Continuing Legal
Education are intended to assure that those attorneys licensed to practice law
in Illinois remain current regarding the requisite knowledge and skills
necessary to fulfill the professional responsibilities and obligations of
their respective practices and thereby improve the standards of the profession
in general.

These rules shall be known as the Minimum Continuing Legal
Education Rules ("Rules"). The purpose of the Rules is to establish a program
for Minimum Continuing Legal Education ("MCLE"), which shall operate as an arm
of the Supreme Court of Illinois.

Adopted September 29, 2005, effective immediately.

Rule 791. Persons Subject to MCLE Requirements

(a) Scope and Exemptions

These Rules shall apply to every attorney admitted to practice law in the State of
Illinois, except for the following persons, who shall be exempt from the Rules’
requirements:

(1) All attorneys on inactive or retirement status pursuant to Supreme Court
Rules 756(a)(5) or (a)(6), respectively, or on inactive status pursuant to the
former Supreme Court Rule 770 or who have previously been placed on
voluntarily removed status by the Attorney Registration and Disciplinary
Commission (“ARDC”);

(3) All attorneys serving in the office of justice, judge, associate judge, or
magistrate of any federal or state court;

(4) All attorneys serving in the office of judicial law clerk, administrative
assistant, secretary, or assistant secretary to a justice, judge, associate judge or
magistrate of any federal court or any court of the State of Illinois, or in any other
office included within the Supreme Court budget that assists the Supreme Court
in its adjudicative responsibilities, and who areprovided that the exemption
applies only if the attorney is prohibited by the terms of theirhis or her employment from actively engaging in the practice of law;

(5) All attorneys licensed to practice law in Illinois who are on active duty in
the Armed Forces of the United States, until their release from active military
service and their return to the active practice of law;

(6) An attorney otherwise subject to this rule is entitled to an exemption if the
attorney meets all of these criteria:

(i) the attorney is a member of the bar of another state which has a
comparable minimum continuing legal education requirement or is licensed
to practice law under a limited license issued by another state which has a
comparable minimum continuing legal education requirement;

(ii) the individual attorney’s only or primary office is in that other state
or, if the attorney has no office, the individual attorney’s only or primary
residence is in that state;

(iii) the attorney is required by that state to complete credits to be in
compliance with the continuing legal education requirements established by
court rule or legislation in that state; and

(iv) the attorney has appropriate proof that he or she is in full compliance
with the continuing legal education requirements established by court rule or
legislation in that state; and

(7) In rare cases, upon a clear showing of good cause, the Minimum
Continuing Legal Education Board (“Board”) may grant a temporary exemption
to an attorney from the Minimum Continuing Legal Education (“MCLE”)
requirements, or an extension of time in which to satisfy them. Good cause for
an exemption or extension may exist in the event of illness, financial hardship,
or other extraordinary or extenuating circumstances beyond the control of the
attorney. Attorneys denied a temporary exemption or extension may request
reconsideration of the initial decision made by the Director of MCLE
(“Director”) by filing a request in a form approved by the Board (or a
substantially similar form) no later than 30 days after the Director’s initial
decision. The Director shall decide the request for reconsideration within 30 days
of its receipt, and promptly notify the attorney. If the Director denies the request,
the attorney shall have 30 days from the date of that denial to submit an appeal
to the full Board for consideration at its next scheduled Board meeting.
Submission of a request for reconsideration or an appeal does not stay any MCLE
compliance deadlines or MCLE fee payments.

(b) Full Exemptions

An attorney shall be exempt from these Rules for an entire reporting period
applicable to that attorney, if:

(1) The attorney is exempt from these Rules pursuant to paragraphs (a)(1),
(a)(2), (a)(3), (a)(4),(a)(5), or (a)(6), on the last day of that reporting period; or

(2) The attorney is exempt from these Rules pursuant to paragraphs (a)(1),
(a)(2), (a)(3), (a)(4), (a)(5), or (a)(6), for at least 365 days of that reporting period;
or

(3) The attorney receives a temporary exemption from the Board pursuant to
paragraph (a)(7), for that reporting period.

(c) Partial Exemptions

An attorney who is exempt from these Rules for more than 60, but less than 365,
days of a two-year reporting period, and who is not exempt for the entire reporting
period pursuant to paragraph (b), shall be required to earn one-half of the CLE
activity hours that would otherwise be required pursuant to Rules 794(a) and (d).

(d) Nonexemptions

An attorney who is exempt from these Rules for less than 61 days during a two-year reporting period, and who is not exempt for the entire reporting period pursuant
to paragraph (b), shall be required to earn all of the CLE activity hours required
pursuant to Rules 794(a) and (d).

(e) Resuming Active Status

An attorney who was exempt from these Rules, pursuant to paragraphs (b)(1) or
(b)(2), above, for the attorney’s last completed reporting period because the attorney
was on inactive, retirement or disability inactive status pursuant to Supreme Court
Rules756(a)(5) or (a)(6), 757 or 758, shall upon return to active status, have 24
months to complete the deferred CLE requirements, not to exceed two times the
requirement for the current two-year reporting period, in addition to the CLE credit
required for the current two-year reporting period.

(f) Attorneys on Discipline Status

Paragraphs (f)(1) and (2) shall apply to attorneys on discipline status for reporting
periods ending June 30, 2012, and thereafter.

(1) Discipline Imposed Pursuant to Rules 770(a), (b), (c) and (e)

(i) An attorney whose discipline is imposed pursuant to Rules 770(a), (b), (c)
and (e) is not required to comply with the MCLE requirements for any reporting
period in which the discipline is in effect.

(ii) If the attorney is reinstated to the master roll by order of the Supreme
Court (“Court”), the attorney must thereafter earn no less than 30 hours of MCLE
credit and no more than 90 hours of MCLE credit which will be set by the MCLE
Board based on the length of the attorney’s discipline and whether credits need
to be earned for the current reporting period. Those MCLE credits shall be earned
and reported to the MCLE Board no later than 365 days after entry of the order
reinstating the attorney to the master roll. The attorney shall contact the MCLE
Board promptly after entry of the order reinstating the attorney to the master roll
to establish the number of credits that need to be earned by the attorney. The
attorney may apply any MCLE credits earned while the discipline imposed
pursuant to Rules 770(a), (b), (c) or (e) was in effect. If the attorney does not earn
the needed credits and report no later than 365 days after entry of the order
reinstating the attorney to the master roll, the attorney shall pay a late fee, in an
amount as set by the Board in the Court-approved fee schedule, and the attorney
shall be referred to the ARDC pursuant to Rule 796(e). A reinstated attorney then
needs to comply with the MCLE requirements for the two-year reporting period
that begins after the attorney’s reinstatement and all reporting periods thereafter.

(2) Discipline Pursuant to Rules 770(d), (f), (g) and (h)

An attorney whose discipline is imposed pursuant to Rules 770(d), (f), (g) and
(h) is required to comply with the MCLE requirements for all reporting periods
in which the discipline is in effect.

(g) Foreign Legal Consultants

Beginning with the reporting period ending June 30, 2012 and thereafter, the
MCLE Rules do not apply to foreign legal consultants licensed under Rule 712.

The administration of the program for MCLE shall be under the supervision of
the Minimum Continuing Legal Education Board (“Board”).

(b) Selection of Members; Qualifications; Terms

(1) The Board shall consist of nine members, appointed by the Supreme Court
(“Court”). At least one member shall be a nonattorney and at least one member shall
be a circuit court judge. The Executive Director of the Supreme Court Commission
on Professionalism and the Administrator of the Attorney Registration and
Disciplinary Commission shall serve as ex-officio members in addition to the nine
members appointed by the Court but shall have no vote.

(2) To be eligible for appointment to the Board, an attorney must have actively
practiced law in Illinois for a minimum of 10 years.

(3) Three members, including the chairperson, shall initially be appointed to a
three-year term. Three members shall be appointed to an initial two-year term, and
three members shall be appointed to an initial one-year term. Thereafter, all members
shall be appointed or re-appointed to three-year terms.

(4) Board members shall be limited to serving three consecutive three-year terms.

(5) No individual may be appointed to the Board who stands to gain financially,
directly or indirectly, from accreditation or other decisions made by the Board.

(6) Any member of the Board may be removed by the Court at any time, without
cause.

(7) Should a vacancy occur, the Court shall appoint a replacement to serve for the
unexpired term of the member.

(8) Board members shall serve without compensation, but shall be reimbursed for
reasonable and necessary expenses incurred in performing their official duties,
including reasonable travel costs to and from Board meetings.

(9) The chairperson and vice-chairperson shall be appointeddesignated by the
Court. Other officers shall be elected by the members of the Board at the first
meeting of each year.

(c) Powers and Duties

The Board shall have the following powers and duties:

(1) To recommend to the Court rules and regulations for MCLE not inconsistent
with the rules of the Court and these Rules, including fees sufficient to ensure that
the MCLE program is financially self-supporting; to implement MCLE rules and
regulations adopted by the Court; and to adopt forms necessary to insure attorneys’
compliance with the rules and regulations.

(2) To meet at least twice a year, or more frequently as needed, either in person,
by conference telephone communications, or by electronic means. Six members of
the Board shall constitute a quorum for the transaction of business. A majority of the
quorum present shall be required for any official action taken by the Board.

(3) To accredit commercial and noncommercial continuing legal education
(“CLE”) courses and activities, and to determine the number of hours to be awarded
for attending such courses or participating in such activities.

(4) To review applications for accreditation of those courses, activities or portions
of either that are offered to fulfill the professional responsibility requirement in Rule
794(d)(1) for conformity with the accreditation standards and hours enumerated in
Rule 795, exclusive of review as to substantive content. Those courses and activities
determined to be in conformance shall be referred to the Supreme Court Commission
on Professionalism for substantive review and approval as provided in Rules
799(c)(5) and (d)(6)(i). Professional responsibility courses or activities approved by
both the Commission on Professionalism and the MCLE Board as specified in this
subsection shall be eligible for accreditation by the MCLE Board.

(5) To submit an annual report to the Court evaluating the effectiveness of the
MCLE Rules and the quality of the CLE courses, and presenting the Board’s
recommendations, if any, for changes in the Rules or their implementation, a
financial report for the previous fiscal year, and its recommendations for the new
fiscal year. There shall be an independent annual audit of the MCLE fund as directed
by the Court, the expenses of which shall be paid out of the fund. The audit shall be
submitted as part of the annual report to the Court.

(6) To coordinate its administrative responsibilities with the Attorney
Registration and Disciplinary Commission (“ARDC”), and to reimburse expenses
incurred by the ARDC attributable to enforcement of MCLE requirements.

(7) To take all action reasonably necessary to implement, administer and enforce
these rules and the decisions of the MCLE Director, staff and Board.

(8) To establish policies and procedures for notification and reimbursement of
course fees, if appropriate, in those instances where course accreditation is withheld
or withdrawn.

(d) Administration

The Board shall appoint, with the approval of the Supreme Court, a Director of
MCLE (“Director”) to serve as the principal executive officer of the MCLE program.
The Director, with the Board’s authorization, will hire sufficient staff to administer
the program. The Board will delegate to the Director and staff authority to conduct
the business of the Board within the scope of this Rule, subject to review by the
Board. The Director and staff shall be authorized to acquire or rent physical space,
computer hardware and software systems and other items and services necessary to
the administration of the MCLE program.

(e) Funding

The MCLE program shall initially be funded in a manner to be determined by the
Court. Thereafter, funding shall be derived solely from the fees charged to CLE
providers and from late fees and reinstatement fees assessed to individual attorneys.
This schedule of CLE provider fees, late fees, and reinstatement fees must be
approved by the Court, and any reference in these Rules to a fee assessed or set by
the Board means a fee based on the Court-approved fee schedule. The Board may
elect to charge fees up to the amount approved by the Court and the Board may, as
it deems appropriate, charge fees less than the amount approved by the Court.

Except as specified in paragraph (f), every Illinois attorney admitted to practice on or after December 31, 2005October 1, 2011, must complete a Basic Skills
Course,the requirement for newly-admitted attorneys described in paragraph (c)totaling at least 15 actual hours of instruction.

(b) Completion Deadline

The courserequirements established in paragraphs (c), (f) and (h) must be
completed withinby the last day of the month that occurs one year ofafter the newly-admitted attorney’s admission to practice in Illinois.

(c) TopicsElements of the Requirement for Newly-Admitted Attorneys

The requirement for newly-admitted attorneys includes three elements:

(1) A Basic Skills CourseThe course shall cover such topics asof no less than
six hours covering topics such asthe jurisdiction of local courts, local court rules,
filing requirements for various government agencies, how to draft pleadings and
other documents, practice techniques and procedures under the Illinois Rules of
Professional Conduct, client communications, use of trust accounts, attorneys’ other
obligations under the Court’s Rules, required record keeping, professional
responsibility topics (which may include professionalism, diversity issues, mental
illness and addiction issues and civility) and may cover other rudimentary elements
of practice. The Basic Skills Course must include at least six hours approved for
professional responsibility credit. An attorney may satisfy this requirement by
participating in a mentoring program approved by the Commission on
Professionalism pursuant to Rule 795(d)(12); and

(2) At least nine additional hours of MCLE credit. These nine hours may include
any number of hours approved for professional responsibility credit;

(3) Reporting to the MCLE Board as required by Rule 796.

(d) Exemption From Other Requirements

During this period, the newly-admitted lawyer shall be exempt from the other
MCLE requirements. A newly-admitted attorney may earn carryover credit as
established by Rule 794(c)(2).

(e) Initial Reporting Period

The newly admitted attorney’s initial two-year reporting period for complying
with the MCLE requirements contained in Rule 794 shall commence, following the
deadline for the attorney to complete the Basic Skills Coursenewly-admitted attorney
requirement, on the next July 1 of an even-numbered year for lawyers whose last
names begin with a letter A through M, and on the next July 1 of an odd-numbered
year for lawyers whose last names begin with a letter N through Z.

(f) Prior Practice

(1) Attorneys admitted to the Illinois bar before October 1, 2011

The Basic Skills Course requirement doesnewly-admitted attorney requirements
of Rule 793(c) do not apply to attorneys who are admitted in Illinois before October
1, 2011, and after practicing law in other states for a period of one year or more. Attorneys shall report this prior practice exemption to the MCLE Board under Rule
796. Thereafter, such attorneys will be subject to MCLE requirements under the
appropriate schedule for each attorney.

(2) Attorneys admitted to the Illinois bar on October 1, 2011, and thereafter

The newly-admitted attorney requirements of Rule 793(c) do not apply to
attorneys who: (i) were admitted in Illinois on October 1, 2011, and thereafter; and
(ii) were admitted in Illinois after practicing law in other states for a period of at least
one year in the three years immediately preceding admission in Illinois. Instead, such
attorneys must complete 15 hours of MCLE credit (including four hours of
professional responsibility credits) within one year of the attorney's admission to
practice in Illinois. Such attorneys shall report compliance with this requirement to
the MCLE Board under Rule 796. Thereafter, such attorneys will be subject to the
MCLE requirements under the appropriate schedule for each attorney.

(g) Approval

The Basic Skills Course shall be offered by CLE providers, including “in-house”
program providers, authorized by the MCLE Board after its approval of the
provider’s planned curriculum and after approval by the Commission on
Professionalism of the professional responsibility credit. Courses shall be offered
throughout the state and at reasonable cost.

(h) Applicability to Attorneys Admitted after December 31, 2005, and before
October 1, 2011

Attorneys admitted to practice after December 31, 2005, and before October 1,
2011, have the option of completing a Basic Skills Course totaling at least 15 actual
hours of instruction as detailed under the prior Rule 793(c) or of satisfying the
requirements of paragraph (c).

Except as provided by Rules 791 or 793, every Illinois attorney subject to these
Rules shall be required to complete 20 hours of CLE activity during the initial two-year reporting period (as determined on the basis of the lawyer’s last name pursuant
to paragraph (b), below) ending on June 30 of either 2008 or 2009, 24 hours of CLE
activity during the two-year reporting period ending on June 30 of either 2010 or
2011, and 30 hours of CLE activity during all subsequent two-year reporting periods.

(b) Reporting Period

The applicable two-year reporting period shall begin on July 1 of even-numbered
years for lawyers whose last names begin with the letters A through M, and on July
1 of odd-numbered years for lawyers whose last names begin with the letters N
through Z.

(c) Carryover of Hours

(1) For attorneys with two-year reporting periods

All CLE activity hours may be earned in one year or split in any manner between
the two-year reporting period.

(i) If an attorney earns more than the required CLE hours in the two-year
reporting periods of July 1, 2006, through June 30, 2008, or July 1, 2007, through
June 30, 2009, the attorney may carry over a maximum of 10 hours earned during
that period to the next reporting period, except for professional responsibility
credits referred to in paragraph (d).

(ii) If an attorney earns more than the required CLE hours in athe two-year
reporting periods of July 1, 2008, through June 30, 2010, or July 1, 2009, through
June 30, 2011, and all reporting periods thereafter, the attorney may carry over to the next reporting period a maximum of 10 hours, including hours approved
for professional responsibility credit. Professional responsibility credit carried
over to the next reporting period may be used to meet the professional
responsibility requirement of the next reporting period.earned during that period
to the next reporting period, except for professional responsibility credits referred
to in paragraph (d).

(2) For newly-admitted attorneys subject to Rule 793

(i) For an attorney admitted to practice in Illinois on January 1, 2006, through
June 30, 2009, such newly-admitted attorney may carry over to his or her first
two-year reporting period a maximum of 10 CLE hours (except for professional
responsibility credits referred to in paragraph (d)) earned after completing the
newly-admitted attorney requirement pursuant to Rule 793.

(ii) For an attorney admitted to practice in Illinois on July 1, 2009, and
thereafter, suchA newly-admitted attorney may carry over to his or her first two-year reporting period a maximum of 1015 CLE activity hours (except for
professional responsibility credits referred to in paragraph (d)) earned in excess
of those required by Rule 793(c) or Rule 793(f)(2) if those excess hours were
earned after the attorney’s admission to the Illinois bar and before the start of the
attorney’s first two-year reporting period. Those carryover hours may include up
to six hours approved for professional responsibility credit. Professional
responsibility credit carried over to the next reporting period may be used to meet
the professional responsibility requirement of the next reporting period.after
completing the Basic Skills Course requirement pursuant to Rule 793.

(3) An attorney, other than a newly admitted attorney, may carry over to his or her
first two-year reporting period a maximum of 10 CLE activity hours (except for
professional responsibility credits referred to in paragraph (d)) earned between
January 1, 2006, and the beginning of that period.

(d) Professional Responsibility Requirement

(1) A minimum of four of the total hours required for the first two reporting
periods must be in the area of professionalism, diversity issues, mental illness and
addiction issues, civility, or legal ethics. Beginning with the reporting periods ending
on June 30 of either 2012 or 2013, in which 30 hours of CLE are required, and for
all subsequent reporting periods, a minimum of six of the total CLE hours required
must be in such areas.

(2) Such credit may be obtained either by:

(i) Taking a separate CLE course or courses, or participating in other eligible
CLE activity under these Rules, specifically devoted to professionalism, diversity
issues, mental illness and addiction issues, civility, or legal ethics; or

(ii) Taking a CLE course or courses, or participating in other eligible CLE
activity under these Rules, a portion of which is specifically devoted to
professionalism, diversity issues, mental illness and addiction issues, civility, or
legal ethics credit. Only that portion of a course or activity specifically devoted
to professionalism, diversity issues, mental illness and addiction issues, civility,
or legal ethics shall receive CLE credit for the professional responsibility
requirement of this paragraph.

Eligible CLE courses and activities shall satisfy the following standards:

(1) The course or activity must have significant intellectual, educational or
practical content, and its primary objective must be to increase each participant’s
professional competence as an attorney.

(2) The course or activity must deal primarily with matters related to the
practice of law.

(3) The course or activity must be offered by a provider having substantial,
recent experience in offering CLE or demonstrated ability to organize and
effectively present CLE. Demonstrated ability arises partly from the extent to
which individuals with legal training or educational experience are involved in
the planning, instruction and supervision of the activity.

(4) The course or activity itself must be conducted by an individual or group
qualified by practical or academic experience. The course or activity, including
the named advertised participants, must be conducted substantially as planned,
subject to emergency withdrawals and alterations.

(5) Thorough, high quality, readable and carefully prepared written materials
should be made available to all participants at or before the time the course is
presented, unless the absence of such materials is recognized as reasonable and
approved by the Board.

(6) Traditional CLE courses or activities shall be conducted in a physical
setting conducive to learning. The course or activity may be presented by remote
or satellite television transmission, telephone or videophone conference call,
videotape, film, audio tape or over a computer network, so long as the Board
approves the content and the provider, and finds that the method in question has
interactivity as a key component. Such interactivity may be shown, for example,
by the opportunity for the viewers or listeners to ask questions of the course
faculty, in person, via telephone, or on-line; or through the availability of a
qualified commentator to answer questions directly, electronically, or in writing;
or through computer links to relevant cases, statutes, law review articles, or other
sources.

(7) The course or activity must consist of not less than one-half hour of actual
instruction, unless the Board determines that a specific program of less than one-half hour warrants accreditation.

(8) A list of the names of all participants for each course or activity shall be
maintained by the provider for a period of at least three years. The provider shall
issue a certificate, in written or electronic form, to each participant evincing his
or her attendance. Such lists and certificates shall state the number of CLE hours,
including professionalism, diversity issues, mental illness and addiction issues,
civility, or legal ethics CLE hours, earned at that course or activity.

(b) Accredited CLE Provider

The Board may extend presumptive approval to a provider for all of the CLE
courses or activities presented by that provider each year that conform to paragraph
(a)’s Standards (1) through (8), upon written application to be an “Accredited
Continuing Legal Education Provider.” Such accreditation shall constitute prior
approval of all CLE courses offered by such providers. However, the Board may
withhold accreditation or limit hours for any course found not to meet the standards,
and may revoke accreditation for any organization which is found not to comply with
standards. The Board shall assess an annual fee, over and above the fees assessed to
the provider for each course, for the privilege of being an “Accredited Continuing
Legal Education Provider.”

(c) Accreditation of Individual Courses or Activities

(1) Any provider not included in paragraph (b) desiring advance accreditation
of an individual course or other activity shall apply to the Board by submitting
a required application form, the course advance accreditation fee set by the
Board, and supporting documentation no less than 45 days prior to the date for
which the course or activity is scheduled. Documentation shall include a
statement of the provider’s intention to comply with the accreditation standards
of this Rule, the written materials distributed or to be distributed to participants
at the course or activity, if available, or a detailed outline of the proposed course
or activity and list of instructors, and such further information as the Board shall
request. The Board staff will advise the applicant in writing within 30 days of the
receipt of the completed application of its approval or disapproval.

(2) Providers denied approval of a course or activity shall promptly provide
written notice of the Board’s denial to all attorneys who requested Illinois MCLE
credit for the course. Providers denied approval of a course or activity or
individual attorneys who have attended such course or activity may request
reconsideration of the Board’s initial decision by filing a form approved by the
Board no later than 30 days after the Board’s initial decision. The Director shall
consider the request within 30 days of its receipt, and promptly notify the
provider and/or the individual attorney. If the Director denies the request, the
provider shall have 30 days from the date of that denial to submit an appeal to the
Board for consideration at the next scheduled Board meeting. Submission of a
request for reconsideration or an appeal does not stay any MCLE submission
deadlines or fee payments.

(3) Providers who do not seek prior approval of their course or activity may
apply for approval for the course or activity after its presentation by submitting
an application provided by MCLE staff, the supporting documentation described
above, and the accreditation fee set by the Board.

(4) A list of the names of participants shall be maintained by the provider for
a period of three years. The provider shall issue a certificate, in written or
electronic form, to each participant evincing his or her attendance. Such lists and
certificates shall state the number of CLE hours, including professionalism,
diversity issues, mental illness and addiction issues, civility, or legal ethics CLE
hours, earned at that course or activity.

(5) An attorney may apply to the Illinois MCLE Board for accreditation of
an individual out-of-state CLE course if the following provisions are satisfied:
(i) the attorney participated in the course either in person or via live audio or
video conference; (ii) (a) for a course held in person in a state with a comparable
MCLE requirement, the course must be approved for MCLE credit by that state;
or (b) for a course held in person in a state or the District of Columbia without
a comparable MCLE requirement, the course must be approved for MCLE credit
by at least one other state with a comparable MCLE requirement; or (c) for a
course attended by live audio or video conference, the course must be approved
for MCLE credit by at least one other state with a comparable MCLE
requirement; and (iii) the course provider has chosen not to seek accreditation of
the course for Illinois MCLE credit.

(d) Nontraditional Courses or Activities

In addition to traditional CLE courses, the following courses or activities will
receive CLE credit:

(1) “In-House” Programs. Attendance at “in-house” seminars, courses,
lectures or other CLE activity presented by law firms, corporate legal
departments, governmental agencies or similar entities, either individually or in
cooperation with other such entities, subject to the following conditions:

(i) The CLE course or activity must meet the rules and regulations for
any other CLE provider, as applicable.

(ii) Specifically, the course or activity must have significant intellectual,
educational or practical content, its primary objective must be to increase the
participant’s professional competence as an attorney, and it must deal
primarily with matter related to the practice of law, professionalism, diversity
issues, mental illness and addiction issues, civility or ethical obligations of
attorneys. No credit will be afforded for discussions relating to the handling
of specific cases, or issues relating to the management of a specific law firm,
corporate law department, governmental agency or similar entity.

(iii) The course or activity shall be submitted for approval on an
individual course or activity basis rather than on a Presumptively Accredited
Continuing Legal Education Provider basis.

(iv) The application, including all written materials or an abstract thereof,
should be filed with the Board at least 30 days prior to the date on which the
course or activity is to be held in order for a prior determination of
acceptability to be made. However, prior approval by the Board shall not be
required.

(v) Only courses or activities that have at least five attorney participants
shall qualify for CLE credit. The attorneys need not be associated with the
same firm, corporation or governmental agency.

(vi) Experienced attorneys must contribute to the teaching, and efforts
should be made to achieve a balance of in-house and outside instructors.

(vii) The activity must be open to observation, without charge, by
members of the Board or their designates.

(viii) The activity must be scheduled at a time and location so as to be
free of interruptions from telephone calls and other office matters.

(ix) A list of the names of participants shall be maintained by the
provider for a period of three years. The provider shall issue a certificate, in
written or electronic form, to each participant evincing his or her attendance.
Such lists and certificates shall state the number of CLE hours, including
professionalism, diversity issues, mental illness and addiction issues, civility,
or legal ethics CLE hours, earned at that activity.

(x) The Board may impose a fee, similar to the fees assessed on
traditional CLE providers, on the provider of an in-house program for
programs involving payments to the provider.

(2) Law School Courses. Attendance at J.D. or graduate level law courses
offered by American Bar Association (“ABA”) accredited law schools, subject
to the following conditions:

(i) Credit ordinarily is given only for courses taken after admission to
practice in Illinois, but the Board may approve giving credit for courses taken
prior to admission to practice in Illinois if giving credit will advance CLE
objectives.

(ii) Credit towards MCLE requirements shall be for the actual number of
class hours attended, but the maximum number of credits that may be earned
during any two-year reporting period by attending courses offered by ABA
accredited law schools shall be the minimum number of CLE hours required
by Rule s 794(a) and (d).

(iii) The attorney must comply with registration procedures of the law
school, including the payment of tuition.

(iv) The course need not be taken for law school credit towards a degree;
auditing a course is permitted. However, the attorney must comply with all
law school rules for attendance, participation and examination, if any, to
receive CLE credit.

(v) The law school shall give each attorney a written certification
evincing that the attorney has complied with requirements for the course and
attended sufficient classes to justify the awarding of course credit if the
attorney were taking the course for credit.

(3) Bar Association Meetings. Attendance at bar association or professional
association meetings at which substantive law, matters of practice,
professionalism, diversity issues, mental illness and addiction issues, civility, or
legal ethics are discussed, subject to the requirements for CLE credit defined in
paragraphs (a)(1) through (a)(2) above. The bar or professional association shall
maintain a list of the names of all attendees at each meeting for a period of three
years and shall issue a certificate, in written or electronic form, to each
participant evincing his or her attendance. Such lists and certificates shall state
the number of CLE hours, including professionalism, diversity issues, mental
illness and addiction issues, civility, or legal ethics CLE hours, earned at that
meeting.

(4) Cross-Disciplinary Programs. Attendance at courses or activities that
cross academic lines, such as accounting-tax seminars or medical-legal seminars,
may be considered by the Board for full or partial credit. Purely nonlegal
subjects, such as personal financial planning, shall not be counted towards CLE
credit. Any mixed-audience courses or activities may receive credit only for
sessions deemed appropriate for CLE purposes.

(i) Credit may be earned for teaching in an approved CLE course or
activity. Presentations shall be counted at the full hour or fraction thereof for
the initial presentation; a repeat presentation of the same material shall be
counted at one-half; no further hours may be earned for additional
presentations of the same material.

(ii) Time spent in preparation for a presentation at an approved CLE
activity shall be counted at six times the actual presentation time.

(iii) Authorship or coauthorship of written materials for approved CLE
activities shall qualify for CLE credit on the basis of actual preparation time,
but subject to receiving no more than 10 hours of credit in any two-year
reporting period.

(6) Part-Time Teaching of Law Courses. Teaching at an ABA-accredited law
school, or teaching a law course at a university, college, or community college,
subject to the following:

(i) Teaching credit may be earned for teaching law courses offered for
credit toward a degree at a law school accredited by the ABA, but only by
lawyers who are not employed full-time by a law school. Full-time law
teachers who choose to maintain their licenses to practice law are fully
subject to the MCLE requirements established herein, and may not earn any
credits by their ordinary teaching assignments. Presentations shall be counted
at the full hour or fraction thereof for the initial presentation; a repeat
presentation of the same material shall be counted at one-half; no further
hours may be earned for additional presentations of the same material.
Teaching credit may be earned by appearing as a guest instructor, moderator,
or participant in a law school class for a presentation which meets the overall
guidelines for CLE courses or activities, as well as for serving as a judge at
a law school moot court argument. Time spent in preparation for an eligible
law school activity shall be counted at three times the actual presentation
time. Appearing as a guest speaker before a law school assembly or group
shall not count toward CLE credit.

(ii) Teaching credit may be earned for teaching law courses at a
university, college, or community college by lawyers who are not full-time
teachers if the teaching involves significant intellectual, educational or
practical content, such as a civil procedure course taught to paralegal students
or a commercial law course taught to business students. Presentations shall
be counted at the full hour or fraction thereof for the initial presentation; a
repeat presentation of the same material shall be counted at one-half; no
further hours may be earned for additional presentations of the same
material.

(7) Legal Scholarship. Writing law books and law review articles, subject to
the following:

(i) An attorney may earn credit for legal textbooks, casebooks, treatises
and other scholarly legal books written by the attorney that are published
during the two-year reporting period.

(ii) An attorney may earn credit for writing law-related articles in
responsible legal journals or other legal sources, published during the two-year reporting period, that deal primarily with matters related to the practice
of law, professionalism, diversity issues, mental illness and addiction issues,
civility, or ethical obligations of attorneys. Republication of any article shall
receive no additional CLE credits unless the author made substantial
revisions or additions.

(iii) An attorney may earn credit towards MCLE requirements for the
actual number of hours spent researching and writing, but the maximum
number of credits that may be earned during any two-year reporting period
on a single publication shall be one-half the minimum number of CLE hours
required by Rule s 794(a) and (d). Credit is accrued when the eligible book
or article is published, regardless whether the work in question was
performed in the then-current two-year reporting period. To receive CLE
credit, the attorney shall maintain contemporaneous records evincing the
number of hours spent on a publication.

(8) Pro Bono Training. Attendance at courses or activities designed to train
lawyers who have agreed to provide pro bono services shall earn CLE credit to
the same extent as other courses and seminars.

(9) Capital Litigation Trial Bar Training. Attendance at courses or activities
pursuant to Supreme Court Rule 714(b) designed to train attorneys for
certification for membership in the Capital Litigation Trial Bar shall earn CLE
credit to the same extent as other courses and seminars.

(10)(9) Bar Review Courses. Attendance at bar review courses before
admission to the Illinois Bar shall not be used for CLE credit.

(12)(11) Activity of Lawyer-to-Lawyer Mentoring. Lawyers completing a
comprehensive year-long structured mentoring program, as either a mentor or
mentee, may earn credit equal to the minimum professional responsibility credit
during the two-year reporting period of completion, provided that the mentoring
plan is preapproved by the Commission on Professionalism, the completion is
attested to by both mentor and mentee, and completion occurs during the first
three years of the mentee’s practice in Illinois. For reporting periods ending in
2011 or earlier, the maximum number of professional responsibility credit hours
shall be four. Beginning with the reporting periods ending on June 30 of either
2012 or 2013, in which 30 hours of CLE are required, the maximum number of
credit hours available shall be six.

(e) Credit Hour Guidelines

Hours of CLE credit will be determined under the following guidelines:

(1) Sixty minutes shall equal one hour of credit. Partial credit shall be earned
for qualified activities of less than 60 minutes duration.

(2) The following are not counted for credit: (i) coffee breaks; (ii)
introductory and closing remarks; (iii) keynote speeches; (iv) lunches and
dinners; (v) other breaks; and (vi) business meetings.

(3) Question and answer periods are counted toward credit.

(4) Lectures or panel discussions occurring during breakfast, luncheon, or
dinner sessions of bar association committees may be awarded credit.

(5) Credits are determined by the following formula: Total minutes of
approved activity minus minutes for breaks (as described in paragraph (e)(2)) divided by 60 equals maximum CLE credit allowed.

(6) Credits merely reflect the maximum that may be earned. Only actual
attendance or participation earns credit.

(f) Financial Hardship Policy

The provider shall have available a financial hardship policy for attorneys who
wish to attend its courses, but for whom the cost of such courses would be a financial
hardship. Such policy may be in the form of scholarships, waivers of course fees,
reduced course fees, or discounts. Upon request by the Board, the provider must
produce the detailed financial hardship policy. The Board may require, on good
cause shown, a provider to set aside without cost, or at reduced cost, a reasonable
number of places in the course for those attorneys determined by the Board to have
good cause to attend the course for reduced or no cost.

(1) On or before the first day of the month preceding the end of an attorney’s Basic Skills Coursenewly-admitted attorney requirement reporting period or
two-year reporting period, the Director shall mail the attorney, at the most recent
address the attorney has provided to the ARDC pursuant to Rule 756(c),at a
mailing address maintained by the ARDC, a certification, to be completed by the
attorney, stating whether, with respect to that reporting period, the attorney either
has complied with these Rules, has not complied with these Rules, or is exempt
from these Rules. A certification need not be sent to an attorney known by the
Director to be fully exempt from these Rules pursuant to Rule 791(b) or to an
attorney who has already been removed from the master roll of attorneys due to
the attorney’s failure to comply with the MCLE requirements for two consecutive
reporting periods or more.

(2) Every Illinois attorney who is either subject to these Rules or who receives
an MCLE certification shall complete, sign and submit the certification to the
Board within 31 days after the end of the attorney’s reporting period. It is the
responsibility of each attorney on the master roll to notify the ARDC of any
change of address. Failure to receive an MCLE certification shall not constitute
an excuse for failure to file the certification.

(b) Failure to Report Compliance

Attorneys who fail to submit an MCLE certification that is received by the MCLE
Board within 45 days of their reporting dateafter the end of their reporting period,
or who file a certification that is received by the MCLE Board within 45 days after
the end of their reporting period stating that they have not complied with these Rules
during the reporting period, shall be notifiedmailed a notice by the Director to
inform them of their noncompliance. Attorneys shall be given 61 additional days
from the original certification due date provided in Rule 796(a)(2) to achieve
compliance and file a certification stating that they have complied with these Rules
or are exempt. The Director shall not send a notice of noncompliance to attorneys
whom the Director knows, based on the status of the attorneys’ licenses as inactive,
retirement, disability inactive, judicial or military with the ARDC, are fully exempt
from these Rules.

(c) Grace Period

Attorneys given additional time pursuant to paragraph (b) to comply with the
requirements of these Rules may use that “grace period” to attain the adequate
number of hours for compliance. Credit hours earned during a grace period may be
counted toward compliance with the previous reporting period requirement, and
hours in excess of the requirement may be used to meet the current reporting period’s
requirement. No attorney may receive more than one grace period with respect to the
same reporting period, and the grace period shall not be extended if the Director fails
to send, or the attorney fails to receive, a notice pursuant to paragraph (b).

(d) Late Fees

(1) Nonexempt attorneysAttorneys who are not fully exempt under Rule
791(a)(1), (2), (3) or (5) and who, for whatever reason, fail to complete, sign and
submit to the Board an MCLE certification within 31 daysthat is received by the
Board within 45 days after the end of their reporting period, and who receiveare
sent a notice of noncompliance from the Director pursuant to paragraph (b), shall
pay a late fee, in an amount to be set by the Board. The Director shall not assess
a late fee to an attorney whom the Director knows, based on the status of the
attorney’s license as inactive, retirement, disability inactive, judicial or military
with the ARDC, are fully exempt from these Rules.

(2) Attorneys who submit an MCLE certification to the Board who were not
sent a notice of noncompliance from the Director pursuant to paragraph (b), but
who certify that they failed to comply with these Rules during the applicable
reporting period, shall pay a late fee, in an amount to be set by the Board that is
less than the late fee imposed pursuant to paragraph (d)(1).

(e) Failure to Comply or Failure to Report

The Director shall refer to the ARDC the names of nonexempt attorneys who were mailed a notice of noncompliance and who, by the end of their grace periods,
failed either: (1) to comply or to report compliance with the requirements of these
Rules.to the MCLE Board; or (2) to report an exemption from the requirements of
these Rules to the MCLE Board. The Director shall also refer to the ARDC the
names of attorneys who, by the end of their grace period, failed to pay any
outstanding MCLE fee. The ARDC shall then send notice to any such attorneys that
they will be removed from the master roll on the date specified in the notice, which
shall be no sooner than 21 days from the date of the notice, because of their failure
to comply or report compliance, failure to report an exemption, or failure to pay an
outstanding MCLE fee. The ARDC shall remove such attorneys from the master roll
of attorneys on the date specified in the notice unless the Director certifies before that
date that an attorney has complied. Such removal is not a disciplinary sanction.

(f) Recordkeeping and Audits

(1) Each attorney subject to these Rules shall maintain, for three years after
the end of the relevant reporting period, certificates of attendance received
pursuant to Rules 795(a)(8), (c)(4), (d)(1)(ix), (d)(2)(v), (d)(3), as well as
sufficient documentation necessary to corroborate CLE activity hours earned
pursuant to Rules 795(d)(4) through (d)(9).

(2) The Board may conduct a reasonable number of audits, under a plan
approved by the Court. At least some of these audits shall be randomly selected,
to determine the accuracy of attorneys’ certifications of compliance or exemption.
With respect to audits that are not randomly selected, in choosing subjects for
those audits the Board shall give increased consideration to attorneys who
assumed inactive or retirement status under Supreme Court Rules 756(a)(5) or
(a)(6), and were thereby fully or partially exempt from these Rules pursuant to
Rule 791(b) or (c), and who subsequently resumed active status.

(3) The ARDC may investigate an attorney’s compliance with these Rules
only upon referral from the Director; the ARDC will not investigate an attorney’s
compliance with these Rules as part of its other investigations. When the Director
refers a matter to the ARDC, the investigation, and any resulting prosecution,
shall be conducted in accordance with the rules pertaining to ARDC proceedings.

(g) Audits That Reveal an Inaccurate Certification

(1) If an audit conducted pursuant to paragraph (f)(2) reveals that the attorney
was not in compliance with or exempt from these Rules for any reporting period
for which the attorney had filed a certification of compliance or exemption, the
Director shall provide the attorney with written notice containing: (i) the results
of the audit, specifying each aspect of the Rules with which the attorney did not
comply or the reason why the attorney is not exempt; (ii) a summary of the basis
of that determination; and (iii) a deadline, which shall be at least 30 days from the
date of the notice, for the attorney to file a written response if the attorney objects
to any of the contents of the notice.

(2) After considering any response from the attorney, if the Board determines
that the attorney filed an inaccurate certification, the attorney shall be given 60
days in which to file an amended certification, together with all documentation
specified in paragraph (f)(1), demonstrating full compliance with the applicable
MCLE requirements. The attorney also shall pay a late fee in an amount to be set
by the Board. The assessment of a late fee is not a disciplinary sanction.

(3) If the results of the audit suggest that the attorney willfully filed a false
certification, the Board through its Director shall provide that information to the
ARDC.

(h) Reinstatement

An attorney who has been removed from the master roll due to noncompliance
with these Rules may be reinstated by the ARDC, upon recommendation of the
Board. Such recommendation may be made only after the removed attorney files a
certification which the Board determines shows full compliance with the applicable
MCLE requirements for each reporting period for which the attorney was removed
from the master roll due to MCLE noncompliance. To be reinstated, the attorney
shall pay a reinstatement fee for each reporting period for which the attorney was
removed from the master roll due to MCLE noncompliance with the request, in an
amount to be set by the Board, and. The Board may elect to cap the total amount of
the reinstatement fee when an attorney has been removed from the master roll due to
MCLE noncompliance in more than six consecutive reporting periods. The attorney
must also meet any further conditions and pay any additional fees as may be required
by Rule 756. The removed attorney may attain the necessary credit hours during the
period of removal to meet the requirements for the years of noncompliance. Excess
hours earned during the period of removal, however, may not be counted towards
meeting the current or future reporting periods’ requirements.

All files, records and proceedings of the Board must be kept
confidential, and may not be disclosed except (a) in furtherance of the duties
of the Board, (b) upon written request and consent of the persons affected, (c)
pursuant to a proper subpoena duces tecum, or (d) as ordered by a court
of competent jurisdiction.

The Supreme Court Commission on Professionalism is hereby established in
order to promote among the lawyers and judges of Illinois principles of integrity,
professionalism and civility; to foster commitment to the elimination of bias and
divisiveness within the legal and judicial systems; and to ensure that those systems
provide equitable, effective and efficient resolution of problems and disputes for the
people of Illinois.

(b) Membership and Terms

(1) The Court shall appoint 14 members to the Commission, one of whom shall
be designated the Chair and one of whom shall be designated the Vice-Chair. The
Director of the Minimum Continuing Legal Education Program and the
Administrator of the Attorney Registration and Disciplinary Commission shall serve
as ex-officio members in addition to the 14 members appointed by the Court but shall
have no vote.

(2) In addition to the members described above, the Chief Justice may invite to
serve on the Commission a judge of the United States District Courts located in
Illinois.

(3) The appointed members of the Commission shall be selected with regard to
their reputations for professionalism, and for their past contributions to the bar and
to their communities, to the extent feasible, the appointees should reflect a diversity
of geography, practice areas, race, ethnicity, and gender.

(4) Members of the Commission shall be appointed for terms of three years,
except that in making initial appointments to the Commission, the Court may limit
appointments to ensure that the terms of the Commission's members are staggered,
so that no more than one third of the members' terms expire in any given year.

(5) None of the members of the Commission shall receive compensation for their
service, but all members shall be reimbursed for their necessary expenses.

(c) Duties

The Commission's duties shall include:

(1) Creating and promoting an awareness of professionalism by all members of
the Illinois bar and bench;

(2) Gathering and maintaining information to serve as a resource on
professionalism for lawyers, judges, court personnel, and members of the public;

(3) Developing public statements on principles of ethical and professional
responsibility for distribution to the bench and bar for purposes of encouraging,
guiding and assisting individual lawyers, law firms and bar associations on the ethical
and professional tenets of the profession;

(4) Assisting CLE providers with the development of courses and activities
offered to fulfill the professional responsibility requirement for minimum continuing
legal education under Rule 794(d)(1);

(6) Reviewing and approving the content of courses and activities offered to
fulfill the professional responsibility requirement for minimum continuing legal
education under Rule 794(d)(1) and forwarding the Commission's determination to
the Minimum Continuing Legal Education (MCLE) Board;

(7) Monitoring activities related to professionalism outside the State of Illinois;

(8) Collaborating with law schools in the development and presentation of
professionalism programs for law student orientation and other events as coordinated
with law school faculty;

(9) Facilitating cooperation among practitioners, bar associations, law schools,
courts, civic and lay organizations and others in addressing matters of
professionalism, ethics, and public understanding of the legal profession; and

(10) Recommending to the Court other methods and means of improving the
profession and accomplishing the purposes of this Commission.

The Commission shall have no authority to impose discipline upon any member
of the Illinois bar or bench, or to exercise any duties or responsibilities belonging to
either the Judicial Inquiry Board, the Attorney Registration and Disciplinary
Commission, the Board of Admissions to the Bar, or the MCLE Board.

(d) Administration

(1) The Commission shall have the authority to appoint, with the approval of the
Supreme Court, an Executive Director, who shall be an attorney who is an active
member in good standing of the Illinois bar. The Executive Director shall have the
authority to hire such additional staff as necessary to perform the Commission's
responsibilities.

(2) The Commission shall meet at least twice a year and at other times at the call
of the Chair. A majority of its members shall constitute a quorum for any action.
Meetings may be held at any place within the state and may also be held by means
of telecommunication that permits reasonably accurate and contemporaneous
participation by the members attending by such means.

(3) The Chair may appoint committees of members and assign them to such
responsibilities, consistent with the purposes, powers and duties of the Commission,
as the Chair may deem appropriate.

(4) The Commission shall file annually with the Court an accounting of the
monies received and expended for its activities, and there shall be an annual
independent audit of the funds as directed by the court, the expenses of which shall
be paid out of the fund.

(5) The Commission shall submit an annual report to the Court describing and
evaluating the effectiveness of its activities.

(6) Approving CLE Programs.

(i) The Commission shall receive from the MCLE Board applications for
accreditation of those courses and activities offered to fulfill the professional
responsibility requirement for minimum continuing legal education under Rule
794(d)(1). The Commission shall establish procedures for approval of such
courses or activities consistent with the criteria published under paragraph (c)(5)
of this rule. Professional responsibility courses and activities, the content of
which is approved by the Commission, shall be forwarded to the MCLE Board
for accreditation. Absent Commission approval, such courses and activities are
not eligible for CLE accreditation. The Commission shall complete its review as
expeditiously as possible and with regard to the applicable time lines contained
in Rule 795.

(ii) Providers that have been designated "Accredited Continuing Legal
Education Providers" under Rule 795(b) must, in addition to that accreditation,
obtain Commission approval of any course or activity offered to fulfill the
professional responsibility requirement of Rule 794(d)(1), but will not be
required to pay an accreditation fee in addition to the fee the provider has paid to
the Minimum Continuing Legal Education Board.

(e) Funding

The Commission shall be funded by an annual assessment as provided in Rule
756.